Re: Unreasonable Speed Limit SW Admiral Way

#691774

Al
Participant

Thanks for supplying RCW 46.61.415 which you referred to in your argument that the city violated state law in lowering the speed limit. Here’s what that RCW says in regards to “traffic investigations”:

“2) Local authorities in their respective jurisdictions shall determine by an engineering and traffic investigation the proper maximum speed for all arterial streets and shall declare a reasonable and safe maximum limit thereon which may be greater or less than the maximum speed permitted under RCW 46.61.400(2) but shall not exceed sixty miles per hour.”

Let’s look at permitted speeds stated in RCW 46.61.400(2):

“2) Except when a special hazard exists that requires lower speed for compliance with subsection (1) of this section, the limits specified in this section or established as hereinafter authorized shall be maximum lawful speeds, and no person shall drive a vehicle on a highway at a speed in excess of such maximum limits.

(a) Twenty-five miles per hour on city and town streets;

(b) Fifty miles per hour on county roads;

(c) Sixty miles per hour on state highways…

…Saving of existing orders, etc., establishing speed limits — 1963 c 16: “This act shall not repeal or invalidate existing orders and resolutions of the state highway commission or existing resolutions and ordinances of local authorities establishing speed limits within their respective jurisdictions.” [1963 c 16 § 7. Formerly RCW 46.48.016.]”

Judging by this the posted speed limit of 30 is 5 mph over the state mandated set speed. If there was truly no “engineering and traffic investigation” (if you haven’t received a response from SDOT yet, keep after them and let us know what they say about this) then the speed limit should be set to 25 mph per state law, RCW46.61.400(2). Furthermore if there is already a local ordinance establishing speed limits then the local ordinance in effect over-rides the state RCW.

The Seattle Municipal Code, which has jurisdiction over the speed limits of the City is consistent with the speed limit set on Admiral:

“SMC 11.52.080 Thirty m.p.h. speed limits. Subject to Section 11.52.020, and except in those instances where a different maximum lawful speed is provided by this subtitle or otherwise, no

person shall operate any vehicle at a speed in excess of thirty (30) miles per hour on arterial streets.”