Many Departments Eliminating Speed "Cushion"

The recession may be claiming a new victim: the 5-10-mph “cushion” police and state troopers across the USA have routinely given motorists exceeding the speed limit. As cities and states scramble to fill budget gaps with revenue from traffic citations, “not only are the (speeding) tolerances much lower, but the frequency of a warning instead of a ticket is way down,” says James Baxter, president of the National Motorists Association, a Wisconsin-based drivers’ rights group that helps its members fight speeding tickets.

“Most people, if they’re stopped now, are getting a ticket even if it’s only a minor violation of a few miles per hour,” Baxter says. He cites anecdotal evidence of drivers being pulled over at slower speeds.

Tim Davenport, 42, of Kansas City, Mo., was recently stopped on 15th Street in Blue Springs, Mo., and ticketed for going 40 mph in a 35-mph zone — although the police officer initially ticketed him for 40 in a 25, he says. “I drove down that road again, and the posted limit was 35,” he says. “I figured the judge wouldn’t accept that, since I was over the speed limit, and would still charge me with it. So I went ahead and paid” the $60 ticket.

Ivan Sever, 60, of Boston was stopped on the Massachusetts Turnpike for doing 55 in a 45-mph speed zone. “I had just passed into the section where the speed limit is 45,” says Sever, who teaches recording techniques at Berklee College of Music in Boston. “I saw the (trooper) and slowed down. I passed him carefully. He pulled me over, said I was doing 55.”

The Governors Highway Safety Association, which represents state highway safety offices, issued a report in 2005 stating that police in 42 states routinely let drivers exceed speed limits. GHSA said the practice hampered efforts to reduce speeding.

“It’s still done in some places but not in others,” says Jonathan Adkins of GHSA. In places where police no longer allow the cushion, it might be because speed limits are creeping up around the country, he says.

He notes that Virginia’s maximum speed limit will rise from 65 to 70 mph in July. Last year, Ohio raised the maximum speed limit for trucks on rural and suburban interstates from 55 to 65 mph. Texas, Iowa and Indiana have all raised their maximum speed limits since the GHSA study.

A study published last year in the Journal of Law and Economics found that police issue more traffic citations during recessions. From 1990 to 2003, counties in North Carolina issued significantly more tickets in the year following a decline in general tax revenue.

Researchers from the Federal Reserve Bank of St. Louis and the University of Arkansas-Little Rock found that a 10% decrease in revenue growth caused a 6.4% increase the following year in the growth rate of traffic tickets.

Troy Green, national spokesman for auto club AAA, says he’s unaware of increasing complaints from members about being stopped at slower speeds.

Sgt. Michael Edes, chairman of the National Troopers Coalition, which represents 45,000 troopers, says there is no lower tolerance for speeding among state troopers. “I think you’ll find (enforcement is) actually the opposite,” he says. “A lot of states have cut (trooper) positions or frozen positions. Several states have grounded their aviation unit, so they’re not doing as many speed details.”

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