CHAPTER 85

An Act to amend and reenact § 46.1-198 as amended, and §§ 46.1-196
and 46.1-845 of the Code of Virginia, relating to maximum and mint-
mum speed limits generally, speed limits on bridges for certain ve-
hicles, and adjustment in speed, weight and size limits by the Highway
Commissioner and local authorities.

(H 156]

Approved March 2, 1966

Be it enacted by the General Assembly of Virginia:

1. That § 46.1-193 as amended, and §§ 46.1-196 and 46.1-345 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 limited access highways with divided roadways; 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 five thousand pounds, or a motorcycle; and fifty miles per hour on such
highways if the vehicle is a truck, road tractor, tractor-truck, or combina-
tion 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.

(b) Sixty miles per hour on nonlimited access highways having for
or more lanes, with the roadway for traffic traveling in one direction
se~arated from the roadway for traffic traveling in the other direction
by a physica] barrier or an unpaved area; if the vehicle is a passenger
motor vehicle, passenger bus, United States post office bus, pick-up or
pane] truck not exceeding an actual gross weight of five thousand pounds,
or a motorcycle; and fifty 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 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 * Com-
missioncr, 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 investiga-
tion 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 five thousand 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 is 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 other than an inter-
state highway, if the vehicle is being used as a school bus carrying children,
and forty-five miles per hour on interstate highways.

(e) Forty-five miles per hour on any highway if the vehicle or
combination of vehicles is operating under a special permit issued by
the State Highway Commission in accordance with §§ 46.1-330 and
46.1-348. 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 46.1-343.

(f) Twenty-five miles per hour between portable signs, tilt over
signs, or fixed blinking signs placed in or along any highway bearing
the word “school.” Such word shall indicate that school children are pres-
ent in the vicinity. Any signs erected under this section shall be placed
not more than three hundred feet from the limits of the school property
or crossing in the vicinity of the school, which is used by children going
to and from the school; provided that such crossings are not more than
five hundred yards from the limits of the school property and the Depart-
ment of Highways or the council of the city or town approves the said
crossing for such signs. If the portion of the highway 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, preferably not a class-
room teacher, to place such portable signs in the highway at a point not
more than three hundred feet from the limits of the school property and
remove such signs when their presence is no longer required by this
subsection. Such portable, tilt over signs, 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, tilt over signs, or blinking signals shall be in a
position, or be turned on, for thirty minutes preceding regular school
hours and for thirty minutes thereafter and during such other times as
the presence of children on such school property or going to and from
school reasonably requires a special warning to motorists. Provided, how-
ever, that 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, increase
or decrease the speed limit provided in this subsection only after justifi-
cation for such increase or decrease has been shown by an engineering and
traffic investigation, and provided further that no such increase or decrease
in speed limit shall be effective unless such increased or decreased speed
limit is conspicuously posted upon the portable signs, tilt over signs, or
fixed blinking signs required by this subsection.

(g) Twenty-five miles per hour on highways in a business or resi-
dential district, except upon interstate or other limited access highways
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.

(i) Notwithstanding the provisions of subdivisions (a), (b) and
(c) of this subsection, the speed limits for passenger motor vehicles
while towing utility, camping or boat trailers not exceeding an actual
gross weight of twenty-five hundred pounds shall be the same as that
for passenger motor vehicles.

(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
reduced speed is necessary for safe operation or in compliance with law.
__ (b) Whenever the State Highway * Commissioner or local author-
ities within their respective jurisdictions determine on the basis of an
engineering and traffic investigation that slow speeds on any part of a

ghway consistently impede the normal and reasonable movement of
traffic, the * Commissioner 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 neces-
sary for safe operation or in compliance with law, provided that such
minimum speed limit shall not apply to a school bus carrying children.

(3) Notwithstanding the foregoing provisions, the State Highway
* Commissioner 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 high-
way under its jurisdiction. Such increased or decreased speed limits shall
be effective only when prescribed after an engineering and traffic investiga-
tion and when indicated upon the highway by signs; provided, the increased
or decreased speed limits over highways under the control of the State
Highway Commissioner shall be effective only when prescribed in writing
by the Highway Commissioner and kept on file in the Central Office of the
Department of Highways.

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

§ 46.1-196. (a) It shall be unlawful to drive any motor vehicle,
trailer or semitrailer upon any public bridge, causeway or viaduct at a
speed exceeding that indicated as a maximum by signs posted thereon or
at its approach by or upon the authority of the State Highway * Commis-
sioner.

(b) The State Highway * Commissioner upon request or upon * his
own initiative may conduct an investigation of any public bridge, cause-
way or viaduct and shall thereupon determine and declare the maximum
speed of vehicles which such structure can withstand and shall cause or
permit suitable signs stating such maximum speed to be erected and
maintained at a distance of one hundred feet beyond each end of such
structure. The findings and determination of the * Commissioner shall
be conclusive evidence of the maximum speed which can with safety to
any such structure be maintained thereon.

§ 46.1-345. The State Highway Commissioner, acting through dis-
trict or resident engineers, may prescribe the weight, width, height, length
or speed of any vehicle or combination of vehicles passing over any high-
way or section of highway or bridge constituting a part of the State
Highway System, Interstate System of Highways or Secondary System
of State Highways less than those prescribed in this title whenever an
engineering study discloses that it would promote the safety of travel or is
necessary for the protection of any such highway.

If the reduction of limits other than speed limits, as herein provided
is to be effective for a period exceeding ninety days, the State Highway
Commission shall effect such reduction by resolution to be recorded in the
minutes of its meeting. If the reduction is necessary for the temporary
protection of the highway or safety of travel, no such resolution need be
passed, but no such temporary reduction shall be effective for a period
exceeding ninety days. If the reduction of the speed limit as herein pro-
vided is to be effective for a period exceeding ninety days, the State
Highway Commissioner shall prescribe such reduction in writing which
shall be kept on file at the Central Office of the Department of Highways;
provided, the reduction of any speed limit as herein provided is under the
jurisdiction of the State Highway Commissioner. In instances where the
limits, including speed limits, are to be temporarily reduced, the resident
engineer for the Department of Highways in the county wherein such road
is situate shall immediately notify the Chief Engineer for the Department
of Highways at the Central Office in Richmond of such reduction, who
shall either affirm or rescind the action of reducing such limits within
five days from the date the limits have been posted as hereinafter provided.
A list of all roads whereon there has been a reduction of limits as herein
provided shall be kept on file at the Central Office of the Department of
Highways. Anyone aggrieved by such reduction of limits may appeal
directly to the State Highway Commissioner for redress, and if the State
Highway Commissioner affirms the action of reducing such limits, other
than speed limits, the State Highway Commission shall afford any such
aggrieved person the opportunity of being heard at its next regular meeting.

The local authorities of cities, towns and counties, where the high-
ways or streets are under their jurisdiction, may adopt rules and regula-
tions or pass ordinances, as the case may be, decreasing the weight limits
prescribed in this title for a total period not to exceed ninety days in any
calendar year, when an engineering study discloses that operation over
such highways or streets by reason of deterioration, rain, snow or other
climatic conditions will seriously damage such highways or streets unless
such weights are reduced.

In all instances where the limits for weight, size or speed have been
reduced by the State Highway Commissioner or the weights have been
reduced by local authorities, pursuant to this section, signs stating the
weight, height, width, length or speed, as the case may be, permitted on
such highway or street, shall be erected at each end of the section of
highway or street affected and no such reduced limits shall be effective
until such signs have been posted.

Tt shall be unlawful to operate a vehicle or combination of vehicles
over or upon any public highway, street or section thereof when the
weight, size or speed thereof exceeds the maximum posted by authority
of the State Highway Commissioner or local authorities pursuant to this
section.

Any person convicted of a violation of any provision of this section
shall be punished by a fine of not less than ten dollars nor more than
five hundred dollars or be confined in jail for not less than one day nor
more than six months, or both, and the vehicle or combination of vehicles
involved in such violation may be held upon an order of the court until all
fines and cost have been satisfied.