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Proposed bill would give municipalities greater ability to change speed limits
KEITH ARNOLD
Special to the Legal News
Published: July 9, 2020
A bicycle and pedestrian advocate last month came out in support of a Democrat plan that would allow communities to have greater say in the speed limits and placement of stop signs in their neighborhoods.
Ohio Bicycle Federation member Patricia Kovacs told members of the Transportation and Public Safety Committee in the Ohio House of Representatives the proposal couldn't be more timely as the city of Columbus has removed 50 traffic signals at street intersections over the course of several years.
"And this leaves long distances between traffic signals that force pedestrians and cyclists to cross midblock or at unsignalized intersections," she said during testimony. "Motorists are unaware that pedestrians have the right-of-way at unmarked crosswalks and midblock if the adjacent intersections do not have traffic signals, and the motorists will not yield."
Columbus Democrat duo - Reps. Kristin Boggs and David Leland - proposed House Bill 436, which would set up a resident initiated process to advocate for these similar safety measures.
The three-step process calls for:
• a qualifying person or neighborhood association to initiate a petition;
• a majority of property owner signatures living within the impacted areas, or 51 percent of the homeowners must be in agreement; and
• submission of the petition to the proper director or local authority.
Boggs explains that a qualifying individual for lowering the speed limit would be a person who resides on the street on which the change would occur, while an individual who lives within a half-mile radius of an intersection may propose installation of a stop sign.
"On receipt of the petition, the director or local authority must determine whether the requested stop sign should be installed, or whether to declare a lower prima-facie speed limit on the subject portion of the street," she continued. "The director or local authority, must notify the petitioner in writing of its decision."
Current law permits a local authority, on the basis of criteria established by an engineering study, to adopt a resolution requesting the Ohio transportation director to determine and declare a reduced prima-facie speed limit on any part of a highway under its jurisdiction, analysis of the bill detailed.
Kovacs said the status quo is lacking.
"When we have tried to ask for speed limits to be lowered on streets which are preferred by cyclists, we have not been successful because the engineering studies do not support the lower speeds," she said. "We are not transportation engineers, but we live and travel on these roads and see the dangers of speeding every day.
"Engineering studies include the 85th percentile rule, that if 85 percent of motorists drive at or above the speed limit, then the speed limit should not be lowered. Motorists are not going to drive lower than the posted speed."
Leland said local communities are in best position to know if a stop sign or lower speed limit is in the best interests of the residents.
"This bill cuts the bureaucratic tape and expenses to the community when the majority of residents agree that these changes are necessary," he added.
Kovacs said she wished HB 436 would allow residents to decide whether to retain or add traffic signals and allow local businesses and business associations to be a part of speed limit and stop sign deliberations.
Thirteen fellow House members have signed on a cosponsors of the bill, which had not been scheduled a third hearing at time of publication.
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