Can you drive 10 mph over the speed limit to keep up with traffic? Here’s what Ohio law allows
We’ve all been behind that one slow driver on the interstate. You know the one.
The driver who unwittingly interferes with you breaking your Gran Turismo 7 record IRL.
Well, let’s play devil’s advocate for a bit.
Say Mr. Slow Driver is actually following the posted speed limit, possibly even creeping one or two miles above the limit driving downhill.
Who’s in the right? Is it the guy following the letter (or number?) of the law or the two dozen motorists slamming on their brakes behind him?
I can’t drive 55
The best way to get drivers to comply with speed limits is to enforce them.
“More than half of all traffic stops result from speeding violations,” according to the National Highway Traffic Safety Administration. “And public support for speed enforcement activities depends on the confidence of the public that speed enforcement is fair, rational, and motivated by safety concerns.”
Whether you drive 1 mph above or 20 mph above the posted speed limit, you are breaking the law and an officer can pull you over for it.
Ohio law takes into account how far over the legal speed limit you are by using the point system. If you earn 12 points in two years, your license will be suspended.
- Speeding 30 mph or less over the limit – 2 points
- Speeding 30 mph or more over the limit – 4 points
- Most other moving violations – 2 points
If you’re caught driving less than 10 miles over the limit, you won’t lose points. But, you are still subject to a fine.
Your first or second violation could cost you up to $150 in fines. The third violation within a year could mean up to 30 days in jail and up to $250 in fines.
If you are caught driving 35 miles per hour over the speed limit in a school zone, business district or construction zone – whether it is your first or third time – you are subject to up to 30 days and $250.
Three or more offenses in two years will add four points to your license and could mean up to $500 in fines and a possible 90-day suspension of your license.
Fast enough for you
According to Ohio law, if you’re driving too fast to keep from rear ending the car in front of you, regardless of the posted speed limit, you’re going too fast.
“.. no person shall drive any motor vehicle, trackless trolley, or streetcar in and upon any street or highway at a greater speed than will permit the person to bring it to a stop within the assured clear distance ahead,” states section 4511.21 of Ohio’s revised code of laws and rules.
The code also requires drivers to adjust speeds according to the current traffic, road conditions and posted speed limits, “No person shall operate a motor vehicle … at a speed greater or less than is reasonable or proper.”
A stickler for the language used in the Ohio code could argue that keeping up with the speed of surrounding vehicles would be driving at a “reasonable speed” according to traffic.
“Reasonable speed may be less than the posted speed limit and will never exceed the posted speed limit,” according to experts at Cornell Law School.
Life in the fast lane
According to the NHTSA, speeding is a form of aggressive driving.
Aggressive driving is on the rise. The NHTSA identified a number of factors that have contributed to the increase.
- Traffic: Traffic congestion brings out aggression. Drivers respond to the traffic by speeding, constantly changing lanes and getting angry at anyone who appears to be hindering their progress.
- Running late: When drivers don’t allow for the possibility of congested roads, they often pay more attention to the time passing away than to driving safely or anticipating what other drivers will do.
- Anonymity: Driving with the windows up and the radio on can make you feel like you’re in your own little world. Being surrounded by strangers you’ll likely never see again can give some drivers the leeway to disregard good behavior and take chances they wouldn’t take if they thought they would get caught.
- Disregard for others and for the law: Aggressive speeding and changing lanes can be situational. Because there are more drivers on the road, your bad day or rare emergency is just one of many.
Don’t stop me now
If you are Mr. Slow, you’ve likely had drivers cut you off, tailgate or share a few nonverbal gestures.
The NHTSA and AAA have a few alternatives to matching those who are speeding:
- If you are in the left lane and someone wants to pass, move over and let them by.
- Give speeding drivers plenty of space. Speeding drivers may lose control of their vehicle more easily.
- Adjust your driving accordingly. Speeding is tied to aggressive driving. If a speeding driver is tailgating you or trying to engage you in risky driving, use judgment to safely steer your vehicle out of the way.
- Call the police if you believe a driver is following you or harassing you.
This story was originally published February 27, 2024 at 6:00 AM.
