Amends existing law to provide that speed limits for vehicles with five or more axles operating at a gross weight of more than 26,000 pounds shall be the same as for other vehicles.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 664 BY TRANSPORTATION AND DEFENSE COMMITTEE AN ACT1 RELATING TO SPEED LIMITS; AMENDING SECTION 49-654, IDAHO CODE, TO PROVIDE2 THAT THE SPEED LIMITS FOR VEHICLES WITH FIVE OR MORE AXLES OPERATING AT3 A GROSS WEIGHT OF MORE THAN TWENTY-SIX THOUSAND POUNDS SHALL BE THE SAME4 AS FOR OTHER MOTOR VEHICLES; AND DECLARING AN EMERGENCY AND PROVIDING AN5 EFFECTIVE DATE.6

Be It Enacted by the Legislature of the State of Idaho:7

SECTION 1. That Section 49-654, Idaho Code, be, and the same is hereby8 amended to read as follows:9 49-654. BASIC RULE AND MAXIMUM SPEED LIMITS. (1) No person shall drive10 a vehicle at a speed greater than is reasonable and prudent under the con-11 ditions and having regard to the actual and potential hazards then exist-12 ing. Consistent with the foregoing, every person shall drive at a safe and13 appropriate speed when approaching and crossing an intersection or railroad14 grade crossing, when approaching and going around a curve, when approaching15 a hillcrest, when traveling on any narrow or winding highway, and when spe-16 cial hazards exist with respect to pedestrians or other traffic or by reason17 of weather or highway conditions.18 (2)(a) Where no special hazard or condition exists that requires lower19 speed for compliance with subsection (1) of this section, the limits as20 hereinafter authorized shall be maximum lawful speeds, and no person21 shall drive a vehicle at a speed in excess of the maximum limits:22 (i) Thirty-five (35) miles per hour in any residential, business23 or urban district, unless otherwise posted in accordance with sec-24 tion 49-207(2) or (3), Idaho Code;25 (ii) Seventy-five (75) miles per hour on interstate highways,26 unless otherwise posted in accordance with section 49-201(4),27 Idaho Code, and provided that this speed may be increased to eighty28 (80) miles per hour if the department completes an engineering and29 traffic study on the interstate highway and concludes that the30 increase is in the public interest and the transportation board31 concurs with such conclusion;32 (iii) Sixty-five (65) miles per hour on state highways, unless33 otherwise posted in accordance with section 49-201(4), Idaho34 Code, and provided that this speed may be increased to seventy35 (70) miles per hour if the department completes an engineering and36 traffic study on the state highway and concludes that the increase37 is in the public interest and the transportation board concurs38 with such conclusion;39 (iv) Fifty-five (55) miles per hour in other locations, unless40 otherwise posted, up to a maximum of seventy (70) miles per hour.41

2 (b) Subject to all other applicable motor vehicle laws, a driver of a1 passenger car, motorcycle or pickup truck, not towing any other vehi-2 cle, may exceed the posted speed limit by up to fifteen (15) miles per3 hour while passing another vehicle traveling at less than the posted4 speed limit, in order to safely pass the vehicle. The overtaking vehi-5 cle shall return to the right-hand lane and reduce speed to the posted6 speed limit as soon as practicable. This paragraph shall be applicable7 only to:8 (i) Passing on the left on roadways divided into two (2) lanes9 providing only one (1) lane of traffic in each direction and10 where the posted speed limit is fifty-five (55) miles per hour or11 greater; or12 (ii) Passing one (1) or more vehicles traveling in the same di-13 rection while in a passing lane. For the purposes of this sub-14 paragraph, "passing lane" means an extra roadway lane created by15 widening a length of roadway to allow faster-moving vehicles to16 overtake slower-moving vehicles traveling in the same direction17 without crossing into an opposing travel lane. This subparagraph18 shall not apply to a vehicle that passes on the right within a pass-19 ing lane area or to a vehicle that overtakes another vehicle by20 moving into an opposing traffic lane. This subparagraph shall not21 apply to roadways with a posted speed limit below fifty-five (55)22 miles per hour or to any portion of a roadway that is within an in-23 corporated city.24 (iii) This paragraph shall not be applicable in construction25 zones. For purposes of basic rule violations and penalties im-26 posed pursuant to this section and Idaho infraction rule 9, the27 fifteen (15) mile per hour allowance in passing situations pro-28 vided in this paragraph shall be deemed to be the maximum speed29 limit from which fines are determined.30 (3) For vehicles with five (5) or more axles operating at a gross weight31 of more than twenty-six thousand (26,000) pounds, the maximum lawful speed32 limits on interstate highways, in nonurban areas shall not exceed ten (10)33 miles per hour less, in urban areas, on state highways, or in other locations34 shall be the same as for vehicles with less than five (5) axles and operating35 at a gross weight of twenty-six thousand (26,000) pounds or less, and in ur-36 ban areas the maximum lawful speed limit on interstate highways for such ve-37 hicles shall not exceed sixty-five (65) miles per hour.38

SECTION 2. An emergency existing therefor, which emergency is hereby39 declared to exist, this act shall be in full force and effect on and after40 July 1, 2026.41