949.1 Voiding City Ordinances on State Routes with Inappropriate Speed Limits

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Paragraph 4 of House Bill 1047 of the 88th General Assembly states that the Commission may declare any ordinance void if it finds that ordinance is:

1. Not primarily designed to expedite traffic flow; and
2. Primarily designed to produce revenue for the city, town or village that enacted the ordinance.

If a District Engineer believes that a city, village or town has enacted such an ordinance, the District Engineer shall ensure the following actions are taken:

1. Advise the city that a study will be made to determine the appropriate speed limit in the area.
2. 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.
3. 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.
4. 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.
5. 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.