摘要: |
State highway departments and transportation agencies have a continuing need to keep abreast of operating practices and legal elements of specific problems in highway law. This report, prepared by Margaret Hines, is a new paper, which continues the National Cooperative Highway Research Program's (NCHRP's) policy of keeping departments up-to-date on laws that will affect their operations. This report examines the impact of judicial decisions and judicial enforcement on the likely success of enforcing an expanded variable speed limit program. It should be useful to administrators, attorneys, traffic enforcement officials, planners, officials involved in agency rulemaking, and motorists. The report is organized as follows: (I) Introduction -- Scope of Report; (II) Elements of a Violation of Speeding Law and Successful Prosecution of Violation; (III) Governmental Liability in Connection with Variable Speed Limits; (IV) Proposals for Legal Implementation of a System of Variable Speed Limits That Will Meet Judicial Challenges; (V) Conclusion; and Appendix A: Survey on Use and Enforcement of Variable Speed Limits. |