QUESTIONS: "Having driven on major interstate highways recently led to some questions about speed limits. Imagine being on the Jersey Turnpike, for example. The speed limit is set at a maximum of 65 mph, but almost everyone is going 75-85 mph. Even troopers. Here come the questions.
Let me first say that all states adopt federally controlled laws known as "Interstate Highway Rules." In Vermont they fall under 23 V.S.A. § 1004. Here's what that Vermont Law says:
(a) The traffic committee has exclusive authority to make and publish, and from time to time may alter, amend, or repeal, rules pertaining to vehicular, pedestrian and animal traffic, speed limits, and the public safety on the national system of interstate and defense highways and other limited access and controlled access highways within this state. The rules and any amendments or revisions may be made by the committee only in accordance with chapter 25 of Title 3. The rules shall be consistent with accepted motor vehicle codes or standards, shall be consistent with law, and shall not be unreasonable or discriminatory in respect to persons engaged in like, similar, or competitive activities. The rules are applicable only to the extent that they are not in conflict with regulations or orders issued by any agency of the United States having jurisdiction and shall be drawn with due consideration for the desirability of uniformity of law of the several states of the United States.
(b) Rules authorized by this section are effective on interstate and other limited access and controlled access highways only, taking precedence over those then in force and future highway laws and rules applicable to highways generally; however, the general highway laws and rules are effective on interstate highways until properly authorized rules providing otherwise are adopted.
(c) Rules, together with alterations and amendments of rules, made under this section have the force of law, and violations shall be traffic violations under section 2302 of this title. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1973, No. 16, § 2, eff. March 1, 1973; 2003, No. 109 (Adj. Sess.), § 6.)
1. How much below the speed limit can one drive and not be considered a danger?
40 mph is the MINIMUM speed limit on all Interstate Highways, unless otherwise posted by the individual states. IF you travel under that speed the regulations require that you put on your emergency (4 way/hazard) flashers to warn traffic coming up on you that you are traveling under the minimum speed limit.
2. If everyone is going 85 but I go the speed limit am I endangering others?
No, but I would recommend that you not travel in the passing lane (known to many as the "high speed lane.")
3. In the above situation, is it safer to keep up with the speeders or obey the posted limit?"
I know it's tempting to go with the flow, but I would still recommend that you travel at the posted speed limits using your best Defensive Driving (watching for people coming up on you, weaving in and out of traffic and lanes.)
Also, remember that the posted speed limits are not the minimum - they are maximum speeds that you should drive. Everyone is required to "drive according to conditions." i.e. - IF it's raining, snowing, icy/slippery roads surfaces, then you shouldn't be traveling at the maximum speed limit. It could get you written up for "overdriving conditions." Many a time an operator of a vehicle in the median, off the road into a guardrail or over the bank would say "but Officer, I wasn't speeding, I was only going the speed limit!"
I would also add that there are a few myths out there concerning a "grace" amount of speed you can operate over a given speed limit. This is NOT to say that, as was shared by B.P.D. about "Officer Discretion," that the Trooper "might" cut you a break, but there are other little variables that will guarantee the ticket - driving under the influence, reckless operation, excessive speeds, bald tires, a vehicle in unsafe condition, your honesty and attitude.