Speed Limits

Speed Limits Background

In September 2023, the Department published the results of a Speed Limit Review. Among the key recommendations were changes to certain default speed limits. The Road Traffic Act 2004,  sets default speed limits for different classes of roads. Local authorities are then empowered to vary those limits by applying what are called ‘special speed limits’ through bye-laws.

This system of national default limits and allowance for local variation is designed to ensure both a national baseline of limits and a facility for local authorities to vary limits according to the particular characteristics of roads in their functional areas.

The Speed Limits Review 2023 recommended the following changes to default limits–

• For roads in build-up areas – a reduction from 50km/h to 30km/h
• For local roads – a reduction from 80km/h to 60km/h
• For national secondary roads – a reduction from 100km/h to 80km/h

Speed Classes

While speed limits are set out in the 2004 Act, the offence of breaching a speed limit is set out in the 1961 Act. It  refers to the different classes of speed limits. These include a ‘regional and local roads speed limit.’ These two have now been separated. As a result,  there are two separate types of limit, a ‘regional roads speed limit’ and a ‘local roads speed limit.’

The concept of a “national roads speed limit” was retained. However, 2024 creates a new class of speed limit called a ‘national primary roads speed limit.’ Breaching this new class of speed limit will be an offence.

There is a default speed limit for roads (other than motorways) in a built-up area. In line with the Speed Limit Review, this default was reduced from 50km/h to 30km/h.

Regional & Local

The 2004 Act sets the default speed limit for regional and local roads, other than such roads in built-up areas. In line with the Speed Limit Review, this default was  reduced from 80km/h to 60km/h in the case of local roads but kept at 80km/h for regional roads. As a result, there are two separate limits, a ‘regional roads speed’ limit of 80km/h, and a ‘local roads speed limit’ of 60km/h.

Standard provisions are included to clarify that these limits do not apply on a regional or local road respectively, or part thereof, where a special speed limit (i.e. a different limit set by the local authority under the 2004 Act) or a roadworks speed limit applies.

Special Local

The  2004 Act allows local authorities to make ‘special speed limits’ on roads in their functional areas. Where a local authority makes such a special speed limit, it takes the place of the default limit. This mechanism allows local authorities to adjust speed limits on particular roads in accordance with the nature of the roads themselves. As a consequence of the changes made to default limits in the 2024 Act , the 2004 Act has to be amended in a number of ways.

50km/h , was  the default limit for a road in a built- up area. It would therefore make no sense to have the option of applying this limit to such a road by way of a special speed limit. The 2024 Act  amends the default speed limit for a built-up area to 30km/h.

50km/h is one of the options available for special speed limits on roads in built-up areas. The option of applying a 60km/h special speed limit will apply to ‘any road other than a local road.’

There is a special speed limit of 80km/h an option for a local road. As the 2024 Act   reduces the default limit for local roads to 60km/h the 2024 Act makes 80km/h an option as a special speed limit for local roads.

National  Roads

The default speed limit for national roads, other than those in build-up areas was  100km/h. The Speed Limit Review has recommended reducing this to 80km/h for national secondary roads, while retaining 100km/h as the default limit national primary roads.

The 2004 Act sets the default speed limit for national roads other than those in built-up areas. The previous limit was 100km/h. The Speed Limit Review  recommended reducing this to 80km/h for national secondary roads, while retaining 100km/h as the default limit national primary roads.

The default limit for national roads at 80km/h in place of the current 100km/h, but this does not apply to national primary roads. There is a separate ‘national primary roads speed limit’ of 100km/h.

There is an option of a special speed limit of 100km/h ‘in respect of a motorway, a non-urban regional or local road or a road in a built- up area.’

National Managed Roads

The Road Traffic and Roads Act 2023 amends the Road Traffic Act 2004 to create a new class of ‘national managed roads.’ In line with this, the 2023 Act allows the NRA/TII to set special speed limits on national managed roads. This mirrors the powers of local authorities to set special speed limits on roads in their functional areas.

The NRA may make a special speed limit of 50km/h ‘in respect of any national managed road other than a national managed road in a built-up area.’ The reason for this exception is that 50km/h is, at present, the default limit for a road in a built-up area.

In light of the fact that the 2024 Act  amends  the default speed limit for a built-up area, it no longer makes sense to keep this restriction on the application of a 50km/h limit.