BOISE -- Idaho lawmakers are pushing a bill through the legislature that will fix a legal issue in the state's speed limit law.
It was brought to lawmakers' attention by the Idaho Supreme Court.
At least one judge has been forced to dismiss a speeding ticket because according to state law, it isn't an infraction to exceed the posted speed limit on some interstates and state highways.
"It says that if you exceed 75 on an interstate, it's an infraction. If you exceed 65 on a state highway, it's an infraction, but it doesn't say anything about exceeding those lower speed limits that have been set by the Idaho Transportation Board," said Michael Henderson, legal counsel for the Idaho Supreme Court.
Drivers on State Highway 21 near Lucky Peak see several posted speed limits along the road, including 55 miles per hour and 45 miles per hour.
"The transportation board has the right to set the speed limits based upon the code," said Assistant Majority Leader Chuck Winder.
He added that those decision are made based on safety and engineering.
"It's just a little quirk in the law," he said.
Senator Winder told us the law needs to be changed, adding the words "unless otherwise posted" after the maximum speed limits.
"Basically, some of the attorneys were catching that and saying you can't enforce this," added Winder.
Legal Counsel for the Idaho Supreme Court says the lack of language in the law regarding lower posted speed limits was surprising.
"Actually, it was one of the magistrate judges who dismissed one of the cases who brought it to our attention," he added. "Somewhere along the way, those lower speed limits were not included in the speeding law."
Senate Bill 1028 was crafted to fix the problem and end the confusion. The bill already passed the Senate and is scheduled for a third reading in the House on Monday.
If passed, it will go to Governor Butch Otter's desk for his signature.
"What we're trying to do is just enforce the intent of the legislature so that those speed limits can be enforced," added Henderson.
He told KTVB this speed limit loophole has affected cases in several counties including Bannock, Boise, and Boundary.
"The legislature's been very responsive when we've brought defects to their attention in the past so I expect this will pass fairly shortly," said Henderson.
Until that happens, he's also reminding drivers they can still be cited for breaking the law despite the loophole.
"You can be given a speeding ticket for exceeding a speed that's reasonable and prudent under the conditions even if it is within the posted limit."
