Can you drive 10 mph over the speed limit to keep up with traffic? What NC law says
Whether you’re on the highway or a city street, traffic can get busy in North Carolina.
It’s common for drivers to try keeping up with the traffic flow to prevent a backup — even if it means exceeding the speed limit.
But is it legal?
What is North Carolina’s speed limit?
According to the N.C. Department of Transportation, which sets the speed limit for all state-maintained roads, North Carolina law sets speed limits within a town or city limits at 35 mph unless otherwise posted. The speed limit is 55 mph outside towns and cities unless otherwise posted. But some highways have speed limits up to 70 mph.
While some may believe there’s a grace limit for going up to 10 mph over a marked speed limit, it’s a myth.
According to North Carolina State Highway Patrol Sgt. Marcus Bethea, it is illegal to exceed the speed limit just for the sake of keeping up with other drivers. But it is a common response troopers often hear.
“North Carolina has what’s called an absolute speed limit, so that means the speed limit is exactly that,” Bethea told The Charlotte Observer. “The speed limit is there for a reason … It’s not there to hinder. It’s not there to bother. It’s not there to make our day otherwise difficult. It’s there to ensure a standard of safety for all of us.”
NC speeding deaths have increased
State officials say speeding is a major cause of injuries and deaths on North Carolina roadways and increase the risk of collisions. According to NCDOT, there was a 17% increase in speed-related crash fatalities from 2017 to 2021. Data released last year shows most road deaths happened in Mecklenburg County, with 197 during that period, representing 10.5% of the total fatalities across the state.
“If a trooper comes and knocks at your door and says ‘I’m sorry to inform you that your loved one has been killed in a motor vehicle crash, but the person that struck and killed them, they were just keeping up with traffic. I’m sure you understand,’ that would not fly,” Bethea said. “It’s almost as if that is a pass for the behavior, and it’s not.”
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The penalties for breaking the speed limit vary, depending on how fast you’re going and where.
For example, Bethea says school and work zones carry much more stringent penalties than a city street or highway.
Based on the circumstances and a trooper’s discretion, you could get a warning or spend hundreds for a speeding ticket and court costs. Some drivers could even have their licenses suspended.
“State troopers are not out here to just write you a ticket. They are out here to provide that education and awareness about road safety,” Bethea said. “If we can get that message across and release you with a warning, then we consider that a job well done. But, once again, we don’t want to confuse that with the behavior being justifiable.”
This story was originally published August 15, 2023 at 3:40 PM with the headline "Can you drive 10 mph over the speed limit to keep up with traffic? What NC law says."
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