Mr. David Beach

City Engineer

Beavercreek, Ohio

RE: US 35 speed limit, west of Patterson Road intersection.

Dear Mr. Beach:

I use US 35 between I-675 and the SR835 ramps on Sunday mornings, and it appears there is a discrepancy in the speed zoning. Presently, there is a change from 55-mph to 50-mph on US35 approximately mid-way between I-675 and the SR835 exit. Until about a year ago, I believe the 50-mph zone accorded with Ohio Revised Code 4511.21 (B)(4) or (B)(6). These sections specify that the speed limit is "fifty miles per hour on controlled-access highways and expressways within municipal corporations" and "fifty miles per hour on state routes within municipal corporations outside urban districts," respectively.

Until about a year ago, US35 had unpaved shoulders beginning precisely where the existing reduction to 50-mph is posted. The previous lack of paved shoulders indicated that 50-mph per (B)(4) or (B)(6) was lawful, compared with 55-mph per (B)(8).

ORC 4511.21(B)(8) says the speed limit is "Fifty-five miles per hour at all times on freeways with paved shoulders inside municipal corporations, other than freeways as provided in division (B)(12) of this section."

Over a year ago, this section of highway was improved so as to add paved shoulders. Beavercreek’s section of US 35 is now a freeway from the Riverside corporation limit, past I-675, past the SR835 ramps, eastward to the Patterson Road intersection. Thus, it should have a 55-mph limit along this entire distance.

Note that I presume a warrant was issued by ODOT in 1996 to keep US 35 at 55-mph, instead of 65-mph in accordance with (B)(12), from Riverside to the existing 50-mph signs. I assume ODOT will be willing to extend that warrant to the Patterson Road. Otherwise, for the past year, Beavercreek police have issuing tickets for violations of a 50-mph zone in what is legally a 65-mph zone.

Please inform me of your opinion on this matter.