SPONSOR: |
Rep. D. Ennis & Rep. Brady & |
Sen. Cloutier & Sen. Winslow; Rep. Houghton; Sens. Henry, McDowell |
HOUSE OF REPRESENTATIVES 141st GENERAL ASSEMBLY |
HOUSE BILL NO. 538 |
AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPEED RESTRICTIONS. |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend §4169, Subchapter VIII, Chapter 41, Title 21 of the Delaware Code by adding thereto a new subsection, designated as subsection (e), which new subsection shall read as follows:
"(e) The Department of Transportation shall designate a maximum speed limit of 55 miles per hour for all portions of Interstate 495. Such maximum limit shall be posted on fixed signs. Any speed in excess of such displayed limits shall be absolute evidence that the speed is not reasonable or prudent, and that it is unlawful."
SYNOPSIS
At the time the Federal Government lifted the 55 mph speed restriction on State highways, Delaware's Secretary of Transportation at the encouragement of a few individuals and without any opportunity for public discussion revised the speed on I-495 from 55 mph to 65 mph for a portion of the road. In October 2000, it was publicized that the effect of the 55 mph to 65 mph speed increase resulted in an amount of additional nitrogen oxides (one of the key pollutants that has put Delaware in a non-compliance position with the Federal Clean air Act) greater than the quantity of nitrogen oxides produced from the refinery in Marcus Hook/Claymont, Delaware for a similar time period. Further, the increased speed has resulted in a noticeable increase in noise along the I-495 corridor. When the Department of Transportation did sound testing along I-95, I-295, and I-495, the greatest noise levels were recorded on the I-495 area. Finally, a review of accident data and deaths on I-95 and I-495 Interstate highways reveals a dramatic increase in highway deaths on I-495 since the speed was increased. The consequence of this legislation is to return the posted speed on the permanent highway speed signs to 55 mph. |