Municipal Street Systems; Speed Limits, Authority to Reduce

Subject:

Requested By: Robert M. Bennett City Engineer City of Fayetteville

Question: Does a municipal corporation have authority to enact an ordinance setting a speed limit of less than 35 miles per hour within a municipality on streets which are not part of the State highway system?

Conclusion: Yes. G.S. 20-141(e) specifically authorizes the municipal corporation to set a speed limit of less than 35 miles per hour on streets within the municipality which are not part of the State highway system.

G.S. 20-141(e) provides:

"Local authorities, in their respective jurisdictions, may authorize by ordinance higher speeds or lower speeds than those set out in subsection (b) upon all streets which are not part of the State highway system . . . Speed limits set pursuant to this subsection shall be effective when appropriate signs giving notice thereof are erected upon the part of the streets affected." (Emphasis added).

Prior unpublished written opinions of this office have expressed the foregoing opinion in letter dated 18 June 1968 to John B. Lewis, City Attorney of Farmville, N.C., letter dated 28 February 1961 to D. B. Teague, City Attorney of Sanford, N.C., and letter dated 16 January 1961 to Joe P. Whitener, Attorney for the Town of Longview.

LACY H. THORNBURG Attorney General

Millard R. Rich, Jr. Deputy Attorney General