Revision as of 08:20, 29 September 2026 by Hoskir(talk | contribs)(Created page with " ===905.2.14 Voiding City Ordinances on State Routes with Inappropriate Speed Limits=== right|300px [https://revisor.mo.gov/main/OneSection.aspx?section=304.010 RSMo Section 304.010] contains the state laws pertaining to speed limits on Missouri’s roadways. Paragraphs 3 and 4 address speed limits on state routes and state: : ''3. On any state road or highway where the speed limit is not set pursuant to a local ordinance, the highways and transport...")
905.2.14 Voiding City Ordinances on State Routes with Inappropriate Speed Limits
RSMo Section 304.010 contains the state laws pertaining to speed limits on Missouri’s roadways. Paragraphs 3 and 4 address speed limits on state routes and state:
3. On any state road or highway where the speed limit is not set pursuant to a local ordinance, the highways and transportation commission may set a speed limit higher or lower than the uniform maximum speed limit provided in subsection 2 of this section, if a higher or lower speed limit is recommended by the department of transportation. The department of public safety, where it believes for safety reasons, or to expedite the flow of traffic a higher or lower speed limit is warranted, may request the department of transportation to raise or lower such speed limit, except that no speed limit shall be set higher than seventy-five miles per hour.
4. Notwithstanding the provisions of section 304.120 or any other provision of law to the contrary, cities, towns and villages may regulate the speed of vehicles on state roads and highways within such cities', towns' or villages' corporate limits by ordinance with the approval of the state highways and transportation commission. Any reduction of speed in cities, towns or villages shall be designed to expedite the flow of traffic on such state roads and highways to the extent consistent with public safety. The commission may declare any ordinance void if it finds that such ordinance is:
(1) Not primarily designed to expedite traffic flow; and
(2) Primarily designed to produce revenue for the city, town or village which enacted such ordinance.
If an ordinance is declared void, the city, town or village shall have any future proposed ordinance approved by the highways and transportation commission before such ordinance may take effect.
If a District Engineer believes that a city, village or town has passed an ordinance establishing an inappropriate speed limit, the District Engineer shall ensure the following actions are taken:
Advise the city that a study will be made to determine the appropriate speed limit in the area.
If a speed limit ordinance is found to be inappropriate as determined by a traffic engineering study and is determined to be for the purpose of producing revenue, a letter shall be sent to the city advising that their speed limit appears inappropriate and request a meeting with the city to discuss the matter.
If a consensus cannot be obtained between the department and the city, the city would be notified of the date that the department’s recommendation will be presented to the Missouri Highways and Transportation Commission.
If the Commission determines that the city speed limit is not correct as presently posted, the city shall be asked to adjust to the proper speed limit as determined by the Commission. If the city does not comply, the city speed limit ordinance will be declared void and posted as determined by the Commission.
The city will then be notified of the Commission action and advised that all enforcement must be adjudicated through state courts unless the city passes and ordinance specifying the speed limit is the same as has been posted.
