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UL article: I-95 speed trap

Started by KBCraig, May 30, 2006, 12:56 AM NHFT

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KBCraig

http://www.unionleader.com/article.aspx?headline=Gregory+Wallace%3a+NH+needs+to+return+to+a+%e2%80%98reasonable+and+prudent%e2%80%99+speed+limit&articleId=2934a97b-6054-4ded-8034-e25f882bcb82

Gregory Wallace: NH needs to return to a ?reasonable and prudent? speed limit

By GREGORY WALLACE
Another View

MANY OF New Hampshire?s roads and highways have posted speed limits from five to as much as 20 miles per hour slower than they should be.

The safest speed is that which is determined to be the 85th percentile. That speed is defined by the Manual on Uniform Traffic Code Devices (MUTCD) as the speed at which 85 percent of motorists already safely drive regardless of the posted speed.

I said ?safely.? All you need do to determine the 85th percentile is to drive the speed at which the vast majority of your fellow motorists currently travel. As I am sure you already know, it isn?t anywhere near our posted speed limits. Those who drive at the posted speed limit, usually in the left lane, are a small minority, less than 5 percent, and actually represent a hazard to the rest of us. That?s right, not only excessive speed kills. So does disproportionately slow speed.

Setting a speed limit below what 85 percent of motorists would reasonably expect it to be in a given area will not slow anyone down, nor will it contribute to safety. Similarly, properly posting our roads and highways for speed will not cause motorists to drive even faster than they already do.

Think of it this way. If more than 85 percent of people choose to ignore a law, any law, then what you have is a revolt. Any attempt to enforce it will be met with outright rebellion. There are tens of thousands of people who got tickets in New Hampshire they felt were undeserved ? especially when they found out how difficult it is to fight even the most bogus of traffic tickets.

Their reaction to this is refusal to pay the ticket. What recourse do they have? Anyone who suggests going court and fighting the ticket has no idea what the average motorist is in for when he does. The courts and the police do not like it when you refuse to roll over and pay the fine, regardless of how bogus your ticket may be. Americans hate getting taken for a ride, and they know a scam when they see one. The end result is we have thousands of drivers operating with suspended licenses, and when they get stopped again its no longer just a violation, it is criminal. How is this promoting safety?

To be obeyed, any law must be reasonable on its face. If it isn?t, look what happens. Originally, ?reasonable and prudent? speed was the law in New Hampshire. The Legislature changed that to mean the posted speed limit is the judge of reasonable and prudent and anything over that is illegal. Our Legislature also saw fit to limit your right to appeal when it comes to speeding tickets. You must pay $100 and be able to argue some point of law. That is very difficult for the average person, and if your appeal is rejected without being heard you lose your $100 as well.

Our Legislature should restore ?reasonable and prudent? to what it once meant and restore our rights to appeal. Our roads should be posted using the 85th percentile, everywhere.

I did see in the Union Leader survey that a lot of people have noticed our speeding State Police. I have personally followed them to work well in excess of the posted speed limit on many occasions. This is also true of local police. I also have noticed that many of our legislators do not obey the posted speed limit either.

The next time you are out on the highway, look at the license plates around you. Both state Senate and House members have clearly marked license plates. You may want to take notice of who is passing you.

June is Lane Courtesy Month for the National Motorists Association. So keep right, except to pass.