I received an email commenting upon the manner in which papers report charges filed against motorists, in particular, the charge that relates to “driving at a safe speed.” The reader suggested that he believed the more appropriate charge would be “driving at an unsafe speed,” and he was looking for some clarification as to what this charge involved. The reader suggested that this question has been nagging at him for some time and his curiosity finally drove him to sending an email to get some clarification. Given that this particular Vehicle Code provision often provides some level of misunderstanding, it provides good material for the column.

Section 3361 of the Vehicle Code is entitled: “Driving Vehicle at Safe Speed.” It prohibits any driving from operating a motor vehicle “at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing.” Thus, this is not a speed limit statute – the speed limit would have no bearing on this particular section of the Vehicle Code. It is commonly used in weather situations – such as snow, ice, rain or fog – and the motorist ends up in an accident. Even if the motorist was going the lawful speed limit, it was not “reasonable and prudent” to be traveling the speed limit.

The statute also prohibits a motorist from operating a motor vehicle “at a speed greater than will permit the driver to bring his vehicle to a stop within the assured clear distance ahead.” In other words, if you are going too fast to stop before you strike something within your clear vision, then you are driving at an unsafe speed – and you can be cited for violating this statute.

The statute goes further to provide that “every person shall drive at a safe and appropriate speed when approaching and going around curve, when approaching a hill crest, when traveling upon any narrow or winding roadway and when special hazards exist with respect to pedestrians or other traffic or by reason of weather or highway conditions.” Now, that is some pretty broad language – and it probably explains most causes of traffic accidents – and this is one of the reasons that this violation is charged with such regularity.

Several months ago, I prosecuted one of these cases on an appeal. The driver had come off a hard road onto a dirt road, hit loose gravel, and ended up crashing into a tree. The driver argued that he was not aware of the gravel and that he was operating at a safe speed. In the end, however, the Court found him guilty – and the reason was pretty simple. The burden rests with the motorist to operate a motor vehicle. The occurrence of a one-car accident generally speaks to a motorist who has not operated a motor vehicle safely. It is difficult to argue that you were operating your motor vehicle at a safe speed when you end up off the roadway and strike a tree, ditch or some other object.

As a warning, it is significant to note that the driver must drive at a “safe and appropriate speed” based upon “highway conditions.” If you are driving the local roads with any regularity, then you know that this particular winter has been brutal to the conditions of many roads. Potholes present “special hazards” that a motorist must consider and drive appropriately to assure the safety of not only himself, or herself, but other motorists as well. As the reader noted, although this statute is entitled “Driving Vehicle at Safe Speed,” it could more appropriately be termed “Driving at an Unsafe Speed.” Drive safe.

Please submit any questions, concerns, or comments to Susquehanna County District Attorney’s Office, P.O. Box 218, Montrose, Pennsylvania 18801 or at our website www.SusquehannaCounty-DA.org or discuss this and all articles at http://dadesk.blogspot.com/.