Enforcement Areas

Unlike certain laws, such as cell phone usage or seat belt infractions, speeding laws are almost universally primary. That means that you don't have to be breaking another law to get a ticket, though if you do break the law you could be looking at additional fines if you're breaking other laws.

The map above shows the volume of tickets issued by state patrols (in most cases) for speeding infractions. This is the total volume, so total population of drivers is not factored into the map. There are a few states that also did not participate in the Governor's Highway Safety Association report. California, Texas and the District of Columbia were the major ticket issuers by total number in 2003, but the District of Columbia, Wyoming and Vermont were the highest per capita issuers of tickets. Here were the top ten per capita ticket issuers:

Washington D.C.: 553,523 residents with 434,301 tickets = 78.5% of the population
Wyoming: 506,529 residents with 46,366 tickets = 9.2% of the population
Vermont: 621,394 residents with 52,269 tickets = 8.4% of the population
North Dakota: 634,366 residents with 45,510 tickets = 7.2% of the population
Mississippi: 2,902,966 residents with 197,434 tickets = 6.8% of the population
Maryland: 5,558,058 residents with 349,921 tickets = 6.3% of the population
New Mexico: 1,903,289 residents with 117,303 = 6.2% of the population
South Carolina 4,198,068 residents with 228,363 tickets = 5.4% of the population
Delaware: 830,364 residents with 44,551 tickets = 5.4% of the population
Massachusetts 6,416,505 residents with 337,103 tickets = 5.3% of the population

Highest Speeding Fines

As speeding is a state crime, it's up to the states to determine how much of a penalty can be levied for a first time offense (additional offenses can cause higher penalties, as well speeding in areas such as construction or school zones). The most expensive maximum fine is Virginia, with a first time offense of $1,500.

Here were the top ten most expensive fines in 2007:

Virginia: $1,500
Georgia: $1,000
Illinois: $1,000
Nevada: $1,000
New Hampshire: $1,000
North Carolina: $1,000
Utah: $759
Oregon: $600
Kansas: $500
Maryland: $500

While you may think these penalties are a bit steep, we'd point out that in Finland speeding tickets are proportional to income and a director at Nokia was slapped with a more than $100,000 fine for going 16 miles over the speed limit.

[Sources: The Newspaper, Governor's Highway Safety Association and Forbes]

City laws vary so we're going to focus on the current level of statewide cell phone bans. In states with jurisdictional laws we'll list the cities included. It is important to note that Chicago, the city with one of the strictest cell phone use policies, is being sued because of the law. The attorneys that filed the suit are claiming that the ban hasn't been properly enacted. The suit doesn't undermine the legality of enacting such bans, however.

Novice Drivers
The District of Columbia and 17 states currently have laws focused on novice drivers, generally meaning those with learner's permits or restricted/novice licenses. These laws almost always include a full ban on persons driving with learner's permits from using a cell phone in a non-emergency situation. New Jersey doesn't allow drivers under the age of 21 to use a cell phone while driving if they don't have a full, non-graduated license. This is all premised on the theory that young drivers are bad enough as it is without yet another distraction.

Preemption Laws
For various reasons, some states don't allow local municipalities to create cell phone driving bans. States like Florida don't allow local municipalities to make any sort of laws related to the use of motor vehicles, which would include cell phone driving bans. Kentucky, on the other hand, specifically states that city or county governments can't impose driving bans. Localities are explicitly allowed to create cell phone driving bans in six states (Illinois, Massachusetts, Michigan, New Mexico, Ohio and Pennsylvania).

School Bus Drivers
This is sort of no brainer, but only 14 states and the District of Columbia currently have a ban on School Bus drivers talking or texting in non-emergency situations. While we understand why it's a common occurrence, we're a bit surprised to see less states taking action to avoid disasters (we can't imagine there's that strong of a school bus drivers union).

Hands-Free Sets
There's much argument over whether or not hands-free sets are safer, though we tend to doubt it. The few moments we've lapsed on the phone while driving it wasn't because we were looking at the buttons it was because we were paying attention to what was being said. Be that as it may, it's legal to use a cell phone with a hands-free kit according to state laws (city laws may vary).

Primary v. Secondary
As with many laws, including seat belt laws and open container laws, enforcement is either primary or secondary. If it is a primary enforcement law, that means you can get pulled over just for violating it. If it's a secondary law you have to also break an additional law before you can get cited. For example, it's a secondary law in Colorado therefore you'd have to run a stop sign or speed before getting the additional ticket for violating the cell phone ban.

State Laws
These are as of 12/01/2007 and apply only to state-wide laws. Where noted these laws don't go into effect immediately.

Alabama
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Alaska
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Arizona
Hand-Held Devices: Allowed
Bus Drivers: Banned
Novice Restrictions: None
Enforcement: Primary

Arkansas
Hand-Held Devices: Allowed
Bus Drivers: Banned
Novice Restrictions: None
Enforcement: Primary

California
Hand-Held Devices: Yes (as of July 2008)
Bus Drivers: Banned (including transit operators)
Novice Restrictions: 18 and Under (as of July 2008)
Enforcement: Primary

Colorado
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: Learner's Permit
Enforcement: N/A

Connecticut
Hand-Held Devices: Banned
Bus Drivers: Banned
Novice Restrictions: Learner's Permit and Under 18
Enforcement: Primary

Delaware
Hand-Held Devices: Allowed
Bus Drivers: Banned
Novice Restrictions: Learner's Permit and Intermediate Licenses
Enforcement: Primary

Florida
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Georgia
Hand-Held Devices: Allowed
Bus Drivers: Banned
Novice Restrictions: None
Enforcement: N/A

Hawaii
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Idaho
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Illinois
Hand-Held Devices: Chicago Only
Bus Drivers: Banned
Novice Restrictions: Under 19 and Learner's Permit
Enforcement: Primary

Indiana
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Iowa
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Kansas
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Kentucky
Hand-Held Devices: Allowed
Bus Drivers: Banned
Novice Restrictions: None
Enforcement: Primary

Louisiana
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Maine
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: Learner's Permit and Intermediate License
Enforcement: Primary

Maryland
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: Learner's Permit and Intermediate License
Enforcement: Secondary

Massachusetts
Hand-Held Devices: Brookline
Bus Drivers: Banned
Novice Restrictions: None
Enforcement: Primary

Michigan
Hand-Held Devices: Detroit
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Minnesota
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: Learner's Permit and Provisional Licenses for the first 12 months after licensing
Enforcement: Primary

Mississippi
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Missouri
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Montana.
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Nebraska
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: Learners Permit and Intermediate License Holders under 18, includes Blackberry and other wireless devices
Enforcement: Secondary

Nevada
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

New Hampshire
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

New Jersey
Hand-Held Devices: Banned, Including Text Messaging (As Of 3/01/08)
Bus Drivers: Banned
Novice Restrictions: Learner's Permit and Intermediate Licenses
Enforcement: Primary

New Mexico
Hand-Held Devices: Santa Fe
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A
Additional Restrictions:

New York
Hand-Held Devices: Banned
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

North Carolina
Hand-Held Devices: Allowed
Bus Drivers: Banned
Novice Restrictions: Drivers Under 18
Enforcement: Primary

North Dakota
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Ohio
Hand-Held Devices: Brookyln, North Olmstead and Walton Hills
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Oklahoma
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Oregon
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: Learner's Permit and Intermediate Licenses (As of 2008)
Enforcement: Secondary

Pennsylvania
Hand-Held Devices: Lebanon, Conshohocken and Conshohocken
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Rhode Island
Hand-Held Devices: Allowed
Bus Drivers: Banned
Novice Restrictions: Under 18
Enforcement: Primary

South Carolina
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

South Dakota
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Tennessee
Hand-Held Devices: Allowed
Bus Drivers: Banned
Novice Restrictions: Learner's Permit and Intermediate Licenses
Enforcement: Primary

Texas
Hand-Held Devices: Allowed
Bus Drivers: Banned When Students Present
Novice Restrictions: Intermediate License Holders
Enforcement: Primary

Utah
Hand-Held Devices: Banned
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: Secondary

Vermont
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Virginia
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: Intermediate License Holders
Enforcement: Secondary

Washington
Hand-Held Devices: Banned (As of July 2008) Text Message (As of 2008)
Bus Drivers: Banned
Novice Restrictions: None
Enforcement: Secondary

Washington, D.C.
Hand-Held Devices: Primary
Bus Drivers: Banned
Novice Restrictions: Learner's Permit Holders
Enforcement: Primary

West Virginia
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: Learner's Permit and Intermediate License Holders
Enforcement: Secondary

Wisconsin
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Wyoming
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

[Sources: Governor's Highway Safety Association and Insurance Institute for Highway Safety]

Laws regarding who can drive, how and when vary from state-to-state, though most states allow drivers to get restricted licenses by age 16 and full licenses by age 18. Because there is no overarching federal law regarding licensing, each state has managed to invent their own rules, with a general trend towards more strict regulations.

Learner's Permit

The first step for most teenage drivers is to get a learner's permit, which allows students to drive with a parent or an adult in the car. The age for this is as low as 14 years old (Alaska, Iowa, Kansas, North Dakota and South Dakota) and as high as 16 in many states, mostly along the East Coast.

Driver's Ed

Most states have licensed or accredited driver's education program, mostly through high schools that need to find a way to get creepy and ill-educated coaches a chance to earn an education stipend. In Georgia, a student must wait until they're 17 unless they've completed a driver's education course. In Illinois, a student must complete 50 hours of driving before they can even apply for a license (which sucks for them, because most classes are designed so that you can't miss a single one).

Restricted License

A restricted license is a lot like it sounds (some states call it a graduated license), it's a license with certain restrictions including when, where and how they can drive. For example, if you've got a hot date in Maine and your dad's Firebird you're SOL as drivers with restricted licenses (under the age of 17) can only drive with family and during daylight hours.

State-by-State

Below are state-by-state licensing requirements as of 12/00/2007, which are subject to change whenever legislators feel like it:

Alabama
Learning Permit Age: 15
Restricted License: None
Full License: 16
Driver's Ed Req: No
Additional Restrictions: Must have permit for 15 months before receiving a full license.

Alaska
Learning Permit Age: 14
Restricted License: 16
Full License: 16.5
Driver's Ed Req: No
Additional Restrictions:

Arizona
Learning Permit Age: 15.6
Restricted License: 16
Full License: 18
Driver's Ed Req: No
Additional Restrictions: Must complete a test to receive a permit.

Arkansas
Learning Permit Age: 15
Restricted License: 16
Full License: 18
Driver's Ed Req: Yes
Additional Restrictions:

California
Learning Permit Age: 15.5
Restricted License: 16
Full License: 16
Driver's Ed Req: Yes
Additional Restrictions:

Colorado
Learning Permit Age: 15
Restricted License: 16
Full License: 17
Driver's Ed Req: No
Additional Restrictions:

Connecticut
Learning Permit Age: 16
Restricted License: 16.33
Full License: 17
Driver's Ed Req: Yes
Additional Restrictions:

Delaware
Learning Permit Age: 16
Restricted License: 16.5
Full License: 18
Driver's Ed Req: No
Additional Restrictions:

Florida
Learning Permit Age: 15
Restricted License: 16
Full License: 18
Driver's Ed Req: No
Additional Restrictions: Drivers under the age of 17 need an adult above the age of 21 in the car between 11:00 pm and 5:00 am.

Georgia
Learning Permit Age: 15
Restricted License: 16
Full License: 16
Driver's Ed Req: Yes
Additional Restrictions: Six months before a driver can have more than one passenger in the car.

Hawaii
Learning Permit Age: 15.5
Restricted License: None
Full License: 16
Driver's Ed Req: No
Additional Restrictions:

Idaho
Learning Permit Age: 15
Restricted License: 15
Full License: 16
Driver's Ed Req: Yes
Additional Restrictions: Drivers under the age of 17 need an adult above the age of 21 in the car between 11:00 pm and 5:00 am.

Illinois
Learning Permit Age: 15
Restricted License: 16
Full License: 18
Driver's Ed Req: Yes (50 hours)
Additional Restrictions: No cell phone usage under 18 unless in an emergency situation.

Indiana
Learning Permit Age: 15
Restricted License: 16.5
Full License: 18
Driver's Ed Req: Yes
Additional Restrictions:

Iowa
Learning Permit Age: 14
Restricted License: 16
Full License: 17
Driver's Ed Req: No
Additional Restrictions:

Kansas
Learning Permit Age: 15
Restricted License: 15
Full License: 16
Driver's Ed Req: No
Additional Restrictions:

Kentucky
Learning Permit Age: 15
Restricted License: 16
Full License: 17
Driver's Ed Req: No
Additional Restrictions:

Louisiana
Learning Permit Age: 15
Restricted License: 16
Full License: 17
Driver's Ed Req: No
Additional Restrictions: Drivers under the age of 17 cannot drive overnight

Maine
Learning Permit Age: 15
Restricted License: 16.5
Full License: 17
Driver's Ed Req: No
Additional Restrictions: Drivers under the age of 17 cannot drive overnight or with passengers not in their immediate family.

Maryland
Learning Permit Age: 15.66
Restricted License: 16.33
Full License: 17.66
Driver's Ed Req: No
Additional Restrictions:

Massachusetts
Learning Permit Age: 16
Restricted License: 16.5
Full License: 18
Driver's Ed Req: No
Additional Restrictions: Drivers under the age of 17 cannot drive overnight without the presence of a parent and cannot drive with underage passengers that are not in their immediate family unless with a licensed driver over the age of 21.

Michigan
Learning Permit Age: 14.75
Restricted License: 16
Full License: 17
Driver's Ed Req: No
Additional Restrictions:

Minnesota
Learning Permit Age: 15
Restricted License: 16
Full License: 18
Driver's Ed Req: No
Additional Restrictions:

Mississippi
Learning Permit Age: 15
Restricted License: 15.6
Full License: 16
Driver's Ed Req: No
Additional Restrictions:

Missouri
Learning Permit Age: 15
Restricted License: 16
Full License: 18
Driver's Ed Req: No
Additional Restrictions:

Montana.
Learning Permit Age: 14,5
Restricted License: 16
Full License: 18 (or after a full year of restricted license)
Driver's Ed Req: No
Additional Restrictions:

Nebraska
Learning Permit Age: 14.25
Restricted License: 15
Full License: 17
Driver's Ed Req: No
Additional Restrictions:

Nevada
Learning Permit Age: 15.5
Restricted License: 16
Full License: 18
Driver's Ed Req: No
Additional Restrictions:

New Hampshire
Learning Permit Age: 15.5
Restricted License: 16
Full License: 18
Driver's Ed Req: No
Additional Restrictions: Drivers with restricted licenses cannot drive between 1:00 am and 5:00 am or with more than one minor that is not a family member.

New Jersey
Learning Permit Age: 16
Restricted License: 17
Full License: 18
Driver's Ed Req: No
Additional Restrictions: Drivers with restricted licenses cannot drive between 12:00 am and 5:00 am or with more than one minor that is not a family member.

New Mexico
Learning Permit Age: 15
Restricted License: 15.5
Full License: 16.5
Driver's Ed Req: No
Additional Restrictions:

New York
Learning Permit Age: 16
Restricted License: 18 (or six months after permit)
Full License: 18 (17 with driver's education certificate)
Driver's Ed Req: No
Additional Restrictions: Drivers under the age of 17 cannot drive between 9:00 pm and 5:00 am unless for a school event, job or along with a licensed driver over the age of 21

North Carolina
Learning Permit Age: 15
Restricted License: 16
Full License: 16.5
Driver's Ed Req: No
Additional Restrictions: Restricted license drivers may not drive between 9:00 pm and 5:00 pm

North Dakota
Learning Permit Age: 14
Restricted License: 14.5
Full License: 16
Driver's Ed Req: No
Additional Restrictions: Drivers with restricted licenses can only drive cars owned by parent/gaurdian or with dual controls.

Ohio
Learning Permit Age: 15.5
Restricted License: 16
Full License: 18
Driver's Ed Req: Yes (under 18)
Additional Restrictions: Drivers under the age of 17 can't drive between 12:00 am and 6:00 am and can't drive with more than one non-family member under the age of 21, under 18 between 1:00 am and 5:00 am.

Oklahoma
Learning Permit Age: 14.5
Restricted License: 16
Full License: 6 months after restrictions
Driver's Ed Req: No
Additional Restrictions:

Oregon
Learning Permit Age: 15
Restricted License: 16
Full License: 18
Driver's Ed Req: No
Additional Restrictions:

Pennsylvania
Learning Permit Age: 16
Restricted License: 16.5
Full License: 18
Driver's Ed Req: No
Additional Restrictions: Restricted drivers can't drive between 11:00 pm and 5:00 am without a waiver or have more passengers than seat belts.

Rhode Island
Learning Permit Age: 16
Restricted License: 16.5
Full License: 17.5
Driver's Ed Req: No
Additional Restrictions:

South Carolina
Learning Permit Age: 15
Restricted License: 16
Full License: 17
Driver's Ed Req: No
Additional Restrictions:

South Dakota
Learning Permit Age: 14
Restricted License: 14.25 (with drivers ed)
Full License: 16
Driver's Ed Req: No
Additional Restrictions:

Tennessee
Learning Permit Age: 15
Restricted License:
Full License: 16
Driver's Ed Req: No
Additional Restrictions:

Texas
Learning Permit Age: 14.6
Restricted License:
Full License: 16
Driver's Ed Req: No
Additional Restrictions:

Utah
Learning Permit Age: 15
Restricted License: 16
Full License: 16
Driver's Ed Req: 16.5
Additional Restrictions:

Vermont
Learning Permit Age: 15
Restricted License:
Full License: 16
Driver's Ed Req: No
Additional Restrictions:

Virginia
Learning Permit Age: 15.6
Restricted License:
Full License: 16.25
Driver's Ed Req: No
Additional Restrictions:

Washington
Learning Permit Age: 15 (with driver's ed)
Restricted License: 16
Full License: 17
Driver's Ed Req: No
Additional Restrictions:

Washington, D.C.
Learning Permit Age: 16
Restricted License: 16.5
Full License: 21
Driver's Ed Req: No
Additional Restrictions:

West Virginia
Learning Permit Age: 15
Restricted License:
Full License: 16
Driver's Ed Req: No
Additional Restrictions:

Wisconsin
Learning Permit Age: 15.5
Restricted License: 16
Full License: 18 (or 9 months under restricted without incident)
Driver's Ed Req: No
Additional Restrictions:

Wyoming
Learning Permit Age: 14.5
Restricted License:
Full License: 16
Driver's Ed Req: No
Additional Restrictions:

[Sources: GoLocal, Wiki, Boston Globe]

Federal Speed Limits

This post would be a lot shorter, had it not been for the repeal of the National Maximum Speed Law, which was put forth near the start of the ever popular Malaise Era, which also brought us the Pinto and Chevette. A common misconception is that this law went into effect under Carter, but it was actually Nixon who put it into effect (as well as OSHA and the EPA).

The law was unpopular in many areas (thus the Sammy Hagar song), but it managed to stick around, with a few challenges, mostly intact until the glorious year 1987 when Congress allowed states to extend their speed limits to 65 mph in certain rural interstate areas and later even to certain roads built to those standards. This was part of the Surface Transportation and Uniform Relocation Assistance Act, which involved the only veto of a highway bill in the 20th century. Reagan's opposition to the bill had nothing to do with the speed limit and everything to do with politics, but was eventually overturned.

It wasn't until the National Highway Designation Act of 1995 that the federal law was completely repealed, by a Republican congress and a Democratic president. At that point many states laws immediately switched back to previous speed limits (causing a bit of confusion in Texas)

State Laws

There are basically four main buckets of state speed limits: 60 mph, 65 mph, 70 mph and 75 mph. As always, there are exceptions, but we'll deal with those a little later. The only state to have a speed limit at 60 mph is Hawaii, and that's only on certain roads.

As seen in the map above, most of northeast, Illinois, Minnesota, Ohio and Oregon (also Alaska) have the lower top speeds of 65 mph. Historically, there's not much of a strong push for faster speed limits in these areas as the roads are congested and you can easily cross nearly a dozen states in a day's worth of driving. There are also many legislatures that are more sensitive to emissions concerns and fuel consumption than further west.

The majority of the country lives under the 70 mph speed limit, including California and Washington. With the exception of Kansas and Texas, the states between the central plains and the west coast have the highest mandates normal speed limits at 75 mph. If you've ever had to drive through Oklahoma you'll know that extra five mph makes a big difference.

Texas

We're native Texans and thus we can poke a little fun at Texas here. Texans like to be special, and so we have our own extra special speed limit laws. Though most of the state is under the 70 mph speed limit, there are exceptions.

For the purposes of reducing pollution and keeping people from killing each other, both the Dallas-Fort Worth Metro and Houston Metro Areas have interstate speed limits that vary from place to place dependent on where you are, but are generally below 65 mph. Other portions of the state can go as high as 75 mph, including the only 75 mph two lane speed limits in the country (we've driven them and there's nothing more fun than seeing a dually F-550 barreling in your direction at that speed).

Other portions of the state, specifically rural areas with lower populations and well constructed portions of Interstate 10 (as you'll see on the map), can get as high as 80 mph, making it the fastest legal stretch of public roads in the United States. Yee Haw!

Montana

There was once a time in Montana when the speed limit on certain rural areas for cars was merely set as "reasonable and prudent," which makes so much sense it could only happen in Montana. This meant for about three years Montana was America's answer to the Autobahn. This was all until someone contested a ticket because the ruling was vague and violated due process, thus requiring the state to vote in a new speed limit.

Types of Speed Limits

There are three variations on speed limits, though it doesn't have an overwhelming impact on whether or not your getting a ticket. Most states have absolute limits, which means that you're getting a ticket no matter what your reason for going over was. States with prima facie laws (RI, TX and UT) will allow you to go over the speed limit if you can prove the speed was safe, but this rarely holds up. Many states have a mix, but limits are such that your chances of disputing under the law are limited. A full description can be found here.

Toll Roads

Toll Road Authorities are often strange quasi-governmental bodies of the type that give Alex Jones and Ron Paul fans paranoid nightmares. And the scariest of these nightmares, to us at least, is that toll roads would be able to increase their speeds and lower the speeds of competing highways. The private operators would then pay the state more money for this change. It's crazy, but it's sadly true.

Conclusion

Speed limits apply to state and federal roads for many reasons, especially so that we can reduce the risk of getting crushed by idiots in their oversized trucks going much faster than they can drive. As nice as it would be to have speed limits tied to driving ability, that's not going to happen anytime soon. That being said, there are plenty of private roads where there are no speed limits. They're called race tracks.

Introduction to Lemon Laws

Generally speaking, a Lemon Law is any law written to give consumers protection form being sold defective goods. What a Lemon Law isn't is a guarantee that you'll be given a refund or replacement for your product without having to do some legwork. While Lemon Laws apply to a large segment of products, we're going to focus on cars.

Federal Lemon Law Protections

There are basically two dominant federal statutes protecting you from getting stuck with a malfunctioning car. The first is the Magnuson-Moss Warranty Act, named for Senator Warren Magnuson and Kate Moss.

Basically, this act protects consumers by defining the terms of a warranty and providing for a method of redress against suppliers that won't fulfill the terms of the warranty. The great breakthrough of this law is that it says if GM offers you a full warranty on your Chevy Cobalt, it doesn't work within the time-frame of the warranty, they not only have to replace or repair your car without charge, they have to do so within a reasonable amount of time.

Another component of this law is that it states that you'll be awarded attorney's fees if you win the case, thus preventing the supplier from merely waiting until you run out of money to pay your attorney. If you're buying a used car and it has a warranty, this is most often your best line of defense since most laws only cover vehicles purchased new.

The other important federal level protection comes from Article Two of the Uniform Commercial Code. To sum up the numerous subsections, you have the right to a replacement car IF you've completely complied with the procedures for replacing the vehicle (i.e., if they want to look at the car you have to take it in, provide documentation, et cetera).

State Laws

State laws vary from a recitation and agreement with the components of the UCC (making it uniform, get it?) to specific laws detailing what is and is not covered. When studying your state's Lemon Law, it's important to understand what is covered and the period of coverage.

For example, the Idaho Lemon Law covers all new vehicles (whether personal or business use), but doesn't cover motorcycles, trailers, farm equipment (so no tractor fighting folks). If you own a vehicle that qualifies in Idaho, the vehicle is liable for a replacement if four repair attempts have been made or it's been out-of-service for 30 business days out of two years or 24,000 miles (whichever is shortest). There's also a clause for unsuccessful repairs of a serious nature like steering or braking.

In Texas, the law covers motorcycles, RVs and other vehicles. Eligibility qualifies as four unsuccessful repairs when two of those repairs occurred within either one year or 12,000 miles and then the next two occurring within an additional period of the same length.

You can find a quick summary of these laws here, with more detailed information found on that state or on the site of your state's Attorney General or Consumer Affairs department.

What to do if you suspect your car is a lemon

If your brand new Cobalt is constantly in for repairs and/or is constantly out of service for problems related to the design and construction (not drunkenly driving it over ramps), you may be entitled to replacement under the warranty and under the law. But just because you're entitled, doesn't mean you'll actually get it. This is where thinking like a lawyer comes in handy.

First, save copies of everything that you get from the dealership, from the person who does any repairs. When you talk to someone, write it down and put in a file. You should be doing this with your major purchases anyways.

Second, Consumer Affairs recommends that you ask for Technical Service Bulletins related to your car, which are basically instructions sent from your carmaker to dealerships to let them know about specific defects. I.E., it may tell your Chevy dealership that the Cobalt's emissions sensor goes on the fritz in 2007 models in warmer climates. This will let you know if the company is aware of the problem or not.

Third, if your poor little Cobalt isn't getting better after a certain amount of repairs you need to contact the manufacturer and let them know you consider the car a lemon. The easiest way to do this is get a form from your state, if they have one, and submit it (always via certified mail!). For example, Wisconsin has a good form online.

If your manufacturer is enrolled in the BBB Autoline Program, you can do all of the work and arbitration through the BBB and their website.

Fourth, assure your car is in good shape. If you turn in your "lemon" and it's missing the radio and the door has been scratched then the manufacturer has a right to negotiate a lower price for your car. If it's still in good shape then you may still be able to get close to full value for it.

What if they won't take the car back

Most major automakers are going to do their best to maintain an image and avoid generating ill will. On the other hand, it's possible that the manufacturer doesn't buy that the car is defective and doesn't want to replace your Cobalt.

In most states, there's a non-governmental mediation program offered. This is usually either the BBB or another arbitration group. This is often cheaper and easier than going to court and is usually non-binding unless both parties agree to the conditions.

If you don't have the option of arbitration, or arbitration fails, you can take the manufacturer to court. There are thousands of lawyers that are more than happy to take your case (just Google it) because the laws to protect consumers are often strong. Most attorneys will look at your case for free and, because of the Magnuson-Moss Act, they can get attorney's fees paid by the manufacturer if they win.

Conclusion

Ideally, your car will never be a lemon and your dealer/manufacturer will work with you to provide for you if a problem does arise. One reason why manufacturers are offering longer warranty terms is that they're continually building better products. If you do have a problem that the seller won't repair, you should take comfort in knowing the laws are written to benefit the consumer. There's not guarantee you'll win, but taking steps to document the process effectively is your best weapon.

Where do they come from?

Our modern car emissions regulations come courtesy of the 1990 Clean Air Act and all of its happy amendments. Like most laws affecting cars, the federal government sets up some requirements and the individual states are supposed to enforce them. These guidelines are called State Implementation Plans (SIPs) and cover everything from your neighbor's Hyundai to how your local dry cleaner gets rid of their cleaning solvents.

Unlike some of the other laws we've talked about, there's a provision for federal control if state's plans for implementing restrictions don't meet the approval of the EPA (which also depends on who is controlling the EPA, which depends on the administration which is partially related to why some states are not happy).

It's not important to understand the history and full impact of the Clean Air Act, but it is helpful to note that because vehicles sometimes travel from one state to another (especially pollution causing large trucks) there are sometimes regional commissions on air quality. Even within states the are sometimes serious variations from one county to the next in terms of what is and is not required.

How do emissions laws vary?

It would break our server to list every variation in every emissions law for every state and county and zip code, but there are some basic provisions that should be understood and are generally applicable to most states (With 50+ SIPs out there not all of this will apply to everyone). We'll draw heavily from California, which has the strictest air quality standards of any state.

Do you need to get your car checked?

If you've purchased a new car it should already come cleared for a period of 2-6 years depending on where you live and what year you purchased it. When you register your car with the state one of the fees you usually pay on a new car is an emissions testing "abatement fee" where you pay to have your car not tested.

Beyond that point you'll almost always be informed either by a color-coded sticker on your license plate or windshield (as in Texas). If you're in a state like Illinois, you'll receive a letter informing you of where you can get your car inspected and by what date this inspection has to be completed. Always double check when you move and have your car reregistered.

When buying a used car, check to see when the latest emissions test was and assure that all proper paper work has been filled out. In California, for instance, you have to pay a small fee and transfer the smog certificate. If you transfer the car within your family you're exempt from this. If you sell your car to your family, you shouldn't overcharge them.

The test

There are two predominant forms of testing, though there are even variations within the two major types. Both tests involve sniffing your exhaust to see the presence of certain chemicals (specifically hydrocarbons, oxides of nitrogen and carbon monoxide). The hope is that this test will show how efficiently your engine is burning fuel (or not burning fuel).

The basic test involves idling your car and smelling the gas with a device hooked up to a computer. The more complicated test involves a chassis dynometer. This test is referred to as an IM240 because they run your car for approximately 240 seconds to simulate a short drive with an average speed of 29.4 mph and a top speed of 56.7 mph (see the simulation graph here).

Even if your car isn't brand new, as long as you take care of it and there are no known major issues with the engine then you shouldn't have major problems. If your car has had problems or is throwing up a check engine light you might want to figure that out before you take it to the testing facility. One faulty spark plug could be the difference between PASS and FAIL. If you bought a Project Car Hell car you may want to skip down to the exemptions section.

What if I fail?

Most states give you around a month to figure out what's wrong with your car and try again. It's best to take your test results to a friend or trusted mechanic that knows the score if you're not mechanically inclined. If you are mechanically inclined, we recommend checking out this article by PopMechanics.

If you decide not to go back and get your car reinspected you could be up for many levels of trouble. Until recently, you could go to jail in Illinois for not having an up-to-date emissions test. This was because the law required a suspension of drivers license immediately upon getting caught, meaning that if you drove the car you were driving without a license which is an infraction that requires arrest.

Am I exempt?

If your car is of a certain age and meets certain requirements for being a "classic" you might be exempt. For instance, Arizona adjusted their SIP a year ago to exempt cars that were 15 years or older and could be considered a classic. If you've got a malfunctioning Sephia, you're probably out of luck because that car would never qualify as a classic in any part of the country. In California the car has to be from 1975 or earlier to be exempt.

"Testing old cars adds a layer of complexity and often cost for the state agency charged with conducting the tests and the actual benefit to air quality isn't there to justify it," said an individual involved in the process. "Cars older than 25 years are such a minute proportion of total vehicles on the road that you really can't make a difference in air quality no matter what you do with them."

Other exemptions, depending on state, include hybrid vehicles, diesel powered vehicles, electric vehicles, natural gas vehicles of a certain size, trailers (because they don't have engines), cars with junk titles and motorcycles.

Where to get more info?

The best resource is your local Department of Motor Vehicles and you can find a list of your local DMVs here. It's a much easier way of getting the information than trying to parse the many amendments to SIPs (just trust us). The website DMV.org also has simple-to-understand instructions based on the latest laws.

What experiences have you had with getting your car or truck tested?

How Dehorsing Works

Dehorsing exists because of a gray area in the law that allows a dealer to give you a car based on the assumption of financing (this is referred to as a bailment agreement, though you'll never see that mentioned in an actual sales document). The consumer trades in his or her car and drives out with a new one. Days or weeks later the dealer demands the car back because they couldn't secure financing or secured financing that was outrageous. The consumer tries to get the old car but the dealers insists the car has already been sold (often it isn't).

This is most likely to happen with people who have bad credit or no credit, according to Barbara McGinity with the Better Business Bureau Education Foundation. And while it happens more often with smaller independent dealers, there are a few of the larger dealership companies that are notorious for this practice.

A Hypothetical Situation

Let's assume that you're a twenty-something recent college graduate who rents an apartment, has no credit cards and therefore has little credit. After diligently comparing models and going on dozens of test drives you decide your ideal car is a new Ford Mustang V6 GT. You've called every dealer and found one in the color you want, with the options you want for just $23,000.

When you show up to the dealership you can't resist being shown a a brand new V8 Mustang. After taking it for a spin and talking with the salesman he says you're a great kid and he wants to give you a deal: just $25,000 for the V8 GT Premium. You're floored. Even better, he says you can trade in your old junker Probe (for $2,000) and drive out with the your cherry Mustang today while they work out the financing.

The next month is great. You meet someone nice and take them for long drives in the countryside. So it's a bit of a shock when a month later the salesman calls you and says that because of your lack-of-credit you're going to have an interest rate of 15%. The maximum interest rate in many states is tied to the prime rate, with a certain amount over that and could thus be as high as 24%. Check local usury laws to determine what the maximum rate is.

This means that to pay for your $23,000 Mustang GT you'll have to fork over $547 per month for 60 months for a grand total of $32,820. However you do the math, at 15% you're going to have high payments or pay forever. You decide to return the car rather than be the dealership's bitch forever and find out that your old junker probe is gone. This means that you no longer have a car. You have just been de-horsed.

Is Dehorsing Illegal?

There are few, if any laws that exist to specifically protect against this kind of scam. There are existing laws that you may be able to sue under (see this case here), but if it gets to that point you're looking at the possibility of considerable time, effort and money being poured into getting your vehicle back.

You can also contact your state's attorney general or a local chapter of the Better Business Bureau, but they may be limited in what they can do if there were no laws broken or if the company isn't a BBB member.

How to Avoid Getting Screwed

1. The best offense is a good defense in this case. The most important thing you can do to avoid getting dehorsed is to not take possession of a car until the financing is settled, this is especially the case if you're worried at all about the terms you could get.

2. Check the company out. Do they have a bad record? Are they these guys? The best way to check is to go to the BBB website and find out if they have a history of complaints that are unresolved. Almost every business will have complaints, but a good business will try and resolve the issue.

3. Work out the financing ahead of time. If at all possible, you have the most leverage when buying a car when you have the financing worked out in advance. Also, your bank or your credit union will often have the best financing options if you're worried about it.

4. Don't give them your car. Don't even consider the trade-in until you've worked out all the other parts of the deal unless you have a personal relationship with the dealer. Unless someone is really looking to move cars (which they might be), you'll almost always get the better deal selling the car yourself.

When it comes to dehorsing, there are no victims just volunteers. In the end, many victims of fraud look back and see opportunities where they could have avoided getting screwed.

With the exception of New Hampshire, whose state motto is Live Free or Die, all states have some sort of mandatory safety belt law. In some circumstances, the amount of damages one can collect in a claim can be reduced if the injuries could have been prevented by wearing a belt.

There are currently 26 states plus the District of Columbia that have primary seat belt laws, meaning you can get popped merely for not having a seat belt on, despite committing no other infraction. Within these states there are three major varieties.

The most stringent laws are those requiring all passengers of a certain age to wear a seat belt in all seats within the vehicle. These are: Alaska, California, DC, Delaware, Idaho, Indiana, Kentucky, Maine, New Mexico, North Carolina (secondary for rear seat occupants), Oregon, South Carolina and Washington State.

There are ten states that have primary laws for front seat passengers/driver, with rear seat offenses for passengers of a certain age: Georgia, Hawaii, Michigan, Mississippi, New Jersey, New York, Oklahoma, Tennessee, Texas and Illinois (where it also depends on the age of the driver).

Your rear seat passengers can feel free to legally take a nap or chillax in the back seat with no kind of seat belt in Alabama, Connecticut, Maryland, Iowa and Louisiana. It's a primary offense in Kansas, Missouri, Rhode Island and Utah if your unbelted passengers are under a certain age, but a secondary offense otherwise.

You'll have to commit some other traffic infraction to get ticketed for not having a seat belt in the following 19 states: Arizona, Arkansas, Colorado, Montana, Nevada, Florida, Nebraska, Idaho, North Dakota, Massachusetts, Minnesota, Ohio, Pennsylvania, South Dakota, Virginia, Vermont, West Virginia, Wyoming and Wisconsin. (So make sure all your taillights work.) As a passenger in Ohio or Wyoming, both the driver and passenger can be ticketed if someone isn't wearing a seat belt.

The age and seating requirements for a law, as well as amount of the fine vary by state, so check out this chart to see the details within your community.

Texas, a state known for Draconian laws, is equally harsh when it comes to belting. While most states issue penalties of between $10 and $50 per incident or passenger, The Lone Star state exacts the highest single-person failure-to-buckle fine in the country — up to $200.

A seat belt can be a livesaver, but a five-point racing harness looks that much cooler and can keep you nailed to your seat in the twisties.

For reasons numerous and complicated, there are laws the federal government does not pass but rather encourages state governments to pass. One of those is the open-container law, which states there must be no possession or consumption of alcoholic beverages by any passengers, anywhere in a motor vehicle on a public highway or right-of-way. It's a matter of carrot-and-stick governance. The stick is generally a decrease in federal highway building funds (the funds are generally redirected to safety programs).

Reasons why states don't pass open container laws range from philosophical complaints (the state can do what it wants), to athletic support (pro-tailgating), to a fear imposing them will impact the money gained from the sale of alcohol. Currently, 39 states meet the full federal requirements (now including Indiana, Montana and Colorado). Further, cops can bust you for having an open container without any probable cause. There are small variations in this law that turn on language parsing (e.g., what qualifies as a moving vehicle and what counts as the passenger area of a motor vehicle). Washington state actually has stricter laws, providing penalties for trying to disguise an open container of alcohol.

Some states give counties and municipalities the ability to determine penalties for possession of alcohol in motor vehicles. The bottom line is, consult an attorney and get someone to hide your keys before attempting to drive with an alcoholic beverage.

For the 11 other states the are significant variations in what is considered legal and illegal:

Alaska
Generally speaking, the laws in Alaska are not at great variation with the federally mandated requirements. The one major exception is that you can have an open container on a "Motor-Driven Cycle," which basically means a motor scooter with less than 50 cc of engine displacement.

Arkansas
Technically, there is no federally complaint law regulating open containers specifically in vehicles according to the National Institute of Health's Alcohol Policy Information System. That being said, it's illegal in Arkansas to drink in a public place, which includes highways or any vehicles commonly used for transportation. [U of A]

Connecticut
Illegal for someone to drink while operation of a car on a public road, in a parking area for 10 cars or more, on a private road with an established speed limit or on any school property. Your passengers can get as blitzed as they like, assuming they are of legal age. Of course, the law doesn't make driving with drunks any less distracting or annoying.[CT.gov]

Delaware
Limited. No state-wide Open Containers law.

Louisiana
Though Louisiana does have a ban on open containers, there is an exception for frozen alcoholic beverages with lids on them. While you can't drink it, or put a straw in it, you can order a 60-ounce Hurricane or Strawberry Daiquiri from a drive-through.

Mississippi
Limited. No state-wide Open Containers law.

Missouri
Limited. No state-wide Open Containers law

Tennessee
While the law prohibits the possession of a beverage or consumption by the driver of a motor-vehicle, the law states that a passenger can have possession of a beverage.

Virginia
While there is no state-wide Open Containers law, the law does prohibit the consumption of a beverage by a person driving a car and says that it is presumed that the driver has consumed a beverage if there is an open container and some other indicator that the driver may be drunk (slurred speech, appearance, odor, et cetera).

West Virginia
Limited. No state-wide Open Containers law

Wyoming
As you probably have guessed, oenophilia runs rampant in Wyoming. While the law does state that you can't have an open container while driving (your passenger may), you can have resealed wine with you and that does not count as wine.

[NIH Alcohol Policy Information System]