§There is
little traffic engineers can do about this, but itÕs something that you should know.
¥ Despite
the fact the FHWA purportedly approved statutory and absolute limits in recent MUTCD changes,
these uses are clearly in conflict with governing federal law, illegal, and such arguments are prevailing in court.
–Statutory
Limits: By definition are not fact based, invented values per local whim/decree, which are also irreconcilable with the U.S.
Constitution, Equal Protection Clause, and CongressÕ one nation, standard and expectation mandate; as well traffic control based on invented values is irrefutably
known to be unsafe practice.
–Absolute
Limits: Ipso facto, the authority for absolute limits was repealed for surface streets per the fact based uniformity mandate in the
1988 MUTCD, exception, NMSL postings, and CongressÕ repealed that authority in 1995.
–Per
our based in fact one national standard and expectation - all speed limits are now prima facie.