Congress' Power: Can They Control Speed Limits?

Congress has the authority to pass laws regarding speed limits, and has done so in the past. For example, in 1973, President Nixon proposed a national 50 mph speed limit for passenger vehicles to reduce gas consumption during the oil crisis. Congress enacted the Federal-Aid Highway Amendments in 1974, which included a 55 mph National Maximum Speed Limit (NMSL) that was signed into law by President Ford. This limit was modified in 1987 and 1988 to allow up to 65 mph on certain rural roads, and Congress repealed the NMSL in 1995, returning speed limit-setting authority to individual states. While Congress can make it illegal to break speed limits, the specific speed limits for different areas are often determined by other entities, such as state or local governments, or regulatory agencies authorized by Congress.

Congress can pass laws about speed limits, but states decide the limit

Congress has the power to pass laws regarding speed limits in the United States. This was demonstrated in 1974 when Congress enacted the Federal-Aid Highway Amendments, which included a 55 mph (90 km/h) National Maximum Speed Limit that was signed into law by President Gerald Ford. This limit was proposed by President Richard Nixon as an emergency response to the 1973 oil crisis, along with other measures such as a ban on ornamental lighting and no gasoline sales on Sundays.

However, it is important to note that the power to set specific speed limits has historically belonged to individual states. Prior to the National Maximum Speed Limit (NMSL), the sole exception to this was during World War II when the U.S. Office of Defense Transportation established a national maximum "Victory Speed Limit" of 35 mph (56 km/h) to conserve fuel and rubber for the war effort. After the NMSL was repealed in 1995, the authority to set speed limits was fully returned to the states.

While Congress can pass laws making it illegal to break speed limits, they do not set the specific speed limits for individual roads or areas. That responsibility lies with the states, which have the authority to determine the appropriate speed limits based on local needs and conditions. For example, in Hawaii, the maximum speed limit is established by county ordinance or by the director of transportation, while in Idaho, the speed limit on certain highway segments can be increased to 80 mph following an engineering and traffic investigation.

It is worth noting that Congress has, on occasion, intervened to allow higher speed limits. For instance, in 1987, Congress permitted states to raise speed limits to 65 mph (105 km/h) on rural Interstate highways, and certain non-Interstate rural roads were also allowed to have higher speed limits. This was welcomed by several organizations, including the California Highway Patrol and the National Motorists Association. However, it was opposed by highway safety advocates who argued for the safety benefits of lower speed limits.

The National Maximum Speed Law was enacted in 1974

In 1974, the federal government passed the National Maximum Speed Law, which restricted the maximum speed limit to 55 miles per hour (90 kilometres per hour) on all interstate roads in the United States. This law was enacted in response to the 1973 oil crisis and the subsequent embargo, which saw Arab members of the Organization for Petroleum Exporting Countries (OPEC) protest the West's support of Israel in the Yom Kippur War by stopping oil shipments to the United States. This caused oil prices to skyrocket, impacting American consumers and industries.

The National Maximum Speed Law was an attempt to reduce fuel consumption, with President Nixon signing the Emergency Highway Energy Conservation Act on January 2, 1974. This act prohibited speed limits higher than 55 mph (89-90 km/h) on all roads, with some exceptions, such as trucks and buses, which had a limit of 55 mph (89 km/h). The law was widely disregarded by motorists, and its impact on highway safety is unclear. While automobile fatalities decreased during and after the law's enactment, this was largely attributed to improvements in vehicle safety and the introduction of mandatory seat belt legislation.

The National Maximum Speed Law was modified in 1987 and 1988 to allow speed limits of up to 65 mph (105 km/h) on certain rural roads. However, the law was repealed in 1995, with the National Highway System Designation Act returning the power to set speed limits to individual states. Despite the repeal, the impact of the National Maximum Speed Law on reducing speeds and improving road safety is still felt today.

The limit was 55 mph, but it was modified in 1987 to allow 65 mph in some areas

The National Maximum Speed Limit (NMSL) was a federal law enacted in 1974 that set a speed limit of 55 miles per hour (89 km/h) on all interstate highways in the United States. This law was enacted by President Richard Nixon as a response to the 1973 oil crisis and the OPEC oil embargo, with the primary goal of reducing fuel consumption. While the law was widely disregarded by motorists, it remained in place until 1995 as proponents argued that it contributed to a significant decrease in traffic fatalities.

However, in 1987, the NMSL was modified to allow for higher speed limits on certain road types. Specifically, the amendment permitted states to increase speed limits to 65 mph (105 km/h) on rural Interstate highways and some non-Interstate rural roads built to Interstate standards. This change was implemented through the Surface Transportation and Uniform Relocation Assistance Act, which was passed by Congress in April 1987. By the end of that year, several states, including California, Florida, Illinois, Iowa, Kansas, Kentucky, and Oklahoma, had already adopted the new 65 mph speed limit on eligible roads.

The decision to raise the speed limit on these roads was welcomed by various organizations, including motorist advocacy groups such as the National Motorists Association and the American Motorcyclist Association. It's worth noting that the original NMSL of 55 mph was established as a response to the energy crisis, with the belief that reducing speeds would lead to lower fuel consumption. However, by the mid-1980s, fuel costs had decreased, and the focus shifted more towards highway safety.

The impact of the 55 mph speed limit on highway safety is a matter of debate. While some studies suggest that lower speed limits contribute to saving lives, the overall effectiveness of the NMSL in reducing fatalities is unclear. This is partly because, during the same period that the law was enacted and after it was repealed, automobile safety improvements and the mandatory use of seat belts also played a significant role in reducing traffic deaths.

The NMSL was repealed in 1995, giving states full authority over speed limits

In 1974, the US Congress established a National Maximum Speed Limit (NMSL) of 55 mph in response to the national energy shortage. This limit was made permanent when Congress enacted and President Gerald Ford signed the Federal-Aid Highway Amendments of 1974 into law on January 4, 1975.

Over time, the energy shortage eased, but the NMSL was preserved mainly due to its perceived life-saving benefits. However, there was political pressure to repeal the NMSL, and Congress modified the law in 1987 and 1988 to allow speed limits of up to 65 mph on certain limited-access rural roads and some non-Interstate rural roads built to Interstate standards.

Despite the safety benefits attributed to the NMSL, the 1980 Republican Party platform called for its repeal, arguing that the federal 55 mph speed limit was counterproductive and contributed to the high costs of goods and services, particularly in rural areas. In 1985, 33 state legislatures debated measures to oppose the NMSL, and in 1986, Nevada challenged the law by posting a 70 mph speed limit on a segment of Interstate 80.

Finally, on December 8, 1995, Congress repealed the NMSL, fully returning the authority to set speed limits to the individual states. After the repeal, several states quickly moved to raise speed limits on rural and urban interstates and other roads. Speed limits of 70 to 75 mph became common on rural interstates, while 65 mph became the standard on urban interstates.

Speed limits have been increasing, but this is detrimental to safety

Congress has played a significant role in shaping speed limit laws across the United States. Notably, in response to the 1973 oil crisis, President Richard Nixon proposed a national 50 mph (80 km/h) speed limit for passenger vehicles, with a slightly higher limit for trucks and buses. This proposal was based on the belief that vehicles achieve maximum efficiency at these speeds. However, it faced opposition from organizations like the California Trucking Association, which argued that differential speed limits could compromise safety.

Subsequently, Congress enacted the Federal-Aid Highway Amendments of 1974, which included a 55 mph (90 km/h) National Maximum Speed Limit. This limit was made permanent and signed into law by President Gerald Ford. While the direct impact of this speed limit on highway safety is unclear, it's worth noting that automobile fatalities decreased both during and after its enactment, primarily attributed to improved vehicle safety and mandatory seat belt laws.

In the following decades, Congress continued to make adjustments to speed limit laws. In 1987, Congress permitted states to raise speed limits to 65 mph (105 km/h) on rural Interstate highways and specific non-Interstate rural roads. By 1988, 40 states had implemented these higher speed limits. However, this change was met with opposition from highway safety advocates who raised concerns about the potential impact on safety.

Despite the efforts to increase speed limits, it's important to recognize that higher speeds can have detrimental effects on safety. Research and initiatives like City Limits suggest that reducing motor vehicle speeds can help reduce the frequency and severity of traffic crashes, particularly in urban areas. This approach focuses on urban streets, where the majority of pedestrian and cyclist fatalities occur, and aims to strategically set speed limits to enhance safety.

While there are varying opinions on the impact of speed limits, it's clear that speed management plays a crucial role in road safety. Transportation engineers and officials emphasize the need for customized speed limits that consider specific road types, travel patterns, and the presence of vulnerable road users like pedestrians and cyclists. A one-size-fits-all approach to speed limits may not be effective, and intelligent infrastructure decisions that lower designed speeds can better serve all groups safely.

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