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Kentucky speed limit laws ruled unconstitutional

Started by hbelkins, September 20, 2019, 02:20:43 PM

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hbelkins

(Mods: Posting here to generate overall discussion of speed limit laws and signage. Move to the Ohio Valley board if you must.)

WDRB-TV in Louisville reports that a Kentucky judge has ruled the state's speed limit laws unconstitutional

Link to story.


Government would be tolerable if not for politicians and bureaucrats.


formulanone

It's kind of amazing that such revenue-generator would actually be missing from state law to actually enforce it. Did I read that right?

I immediately regret flying over Kentucky this week, instead of driving through it.

cl94

Interesting. I know that a defense like that is possible in some other states.

This seems awfully similar to what forced Montana to redo its speed limit law ~20 years ago.
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hbelkins

The official orders regarding speed limits are not posted on KYTC's website, but they are public records. The judge could have subpoenaed the appropriate order as proof that the signs weren't just placed by a sign crew with too much time on its hands.


Government would be tolerable if not for politicians and bureaucrats.

hotdogPi

Clinched, plus MA 286

Traveled, plus several state routes

Lowest untraveled: 25 (updated from 14)

New clinches: MA 286
New traveled: MA 14, MA 123

kalvado

Quote from: hbelkins on September 20, 2019, 03:01:41 PM
The official orders regarding speed limits are not posted on KYTC's website, but they are public records. The judge could have subpoenaed the appropriate order as proof that the signs weren't just placed by a sign crew with too much time on its hands.
Is bored sign crew really something beyond reasonable doubt? What about office confusion or typo in sign shop order?

rickmastfan67

Quote from: kalvado on September 21, 2019, 08:38:31 AM
Quote from: hbelkins on September 20, 2019, 03:01:41 PM
The official orders regarding speed limits are not posted on KYTC's website, but they are public records. The judge could have subpoenaed the appropriate order as proof that the signs weren't just placed by a sign crew with too much time on its hands.
Is bored sign crew really something beyond reasonable doubt? What about office confusion or typo in sign shop order?

Trust me, it can happen.  I caught ~4 newly installed 40mph signs on a section of state highway that was posted @ 45mph before.  Reached out to PennDOT about it (w/ a pic of the new 40mph & a StreetView link to the same place with a 45), and they confirmed that is was suppose to still be 45mph there (key note, the other direction of the highway was still posted @ 45).  Within a week or two, 45 signs were back up where they were suppose to be.

kphoger

Realizing full well that the case in point was on an Interstate, and that 93 mph is still more than 26 mph above the blanket statute speed limit for Interstates in Kentucky...

I don't see anywhere in the Kentucky Vehicle Code that speed limits for rural non-state highway roads are covered.  Interstates and Parkways are 65, other state highways are 55, and roads in town are 35.  Well, what about rural county roads?  I don't see a blanket speed limit for those, and I don't see any provision for setting them on a case-by-case basis either.  Am I missing something?
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Avalanchez71

Quote from: kphoger on September 23, 2019, 02:20:57 PM
Realizing full well that the case in point was on an Interstate, and that 93 mph is still more than 26 mph above the blanket statute speed limit for Interstates in Kentucky...

I don't see anywhere in the Kentucky Vehicle Code that speed limits for rural non-state highway roads are covered.  Interstates and Parkways are 65, other state highways are 55, and roads in town are 35.  Well, what about rural county roads?  I don't see a blanket speed limit for those, and I don't see any provision for setting them on a case-by-case basis either.  Am I missing something?

You might be on to something.



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