New Minimum Speed Limit Law in North Carolina
North Carolina’s New Minimum Speed Law (House Bill 864): What It Means for Drivers on I-40, I-85, and Other Highways
Most North Carolina drivers know they can get a ticket for speeding. Now, for many highways, you can also get a ticket for driving too slowly.
A new law, House Bill 864, changed the minimum speed rules for parts of North Carolina’s interstate and primary highway system. These changes took effect on December 1, 2025. The goal is to keep traffic moving at more consistent speeds and reduce crashes caused by very slow drivers in fast traffic.
At Ward Black Law, we pay close attention to changes like this. Traffic laws do not just affect tickets. They can also matter when people are hurt in a crash and are trying to recover money for medical bills, lost wages, and other losses.
What House Bill 864 Does
House Bill 864 updates North Carolina’s main speed law, section 20-141(c) of the General Statutes. The new rule says that, on certain high speed roads, drivers cannot go below a set minimum speed unless they have a clear safety reason.
In simple terms, on many fast roads the state wants drivers to stay within about 10 miles per hour of the posted limit. On a 70 mile per hour highway, that usually means at least 60. On a 65 mile per hour road, that usually means at least 55. On a 55 mile per hour highway, it usually means at least 45.
The idea is not to force everyone to drive at the top speed. Instead, it is to stop drivers from cruising far below the normal flow of traffic on roads that are built for higher speeds.
New Minimum Speeds on North Carolina Highways
Under the new law, when minimum speed signs are posted on the interstate and primary highway system, most passenger vehicles must follow these minimums:
- 45 miles per hour in a 55 mile per hour zone
- 50 miles per hour in a 60 mile per hour zone
- 55 miles per hour in a 65 mile per hour zone
- 60 miles per hour in a 70 mile per hour zone
So if you are driving on a 70 mile per hour stretch of interstate and the state has posted a minimum speed sign, you are usually expected to travel at least 60 miles per hour, unless there is a real safety reason not to.
If you drive well below those minimums without a good reason, you could be stopped and ticketed.
Where the New Minimum Speed Law Applies
The new minimum speeds do not apply everywhere in North Carolina. They are tied to two things: the type of road you are on and the signs that are posted.
First, the law applies to the interstate and primary highway system, not to every back road, city street, or neighborhood. Second, the specific minimum speeds only apply where the state has put up minimum speed signs. If there is no minimum speed sign, these exact numbers might not apply, even if the road has a high speed limit.
The North Carolina Department of Transportation will need to post or update signs so drivers know both the maximum and the minimum speed on those stretches of highway.
Even where there is no minimum speed sign, drivers still have to travel at a speed that is reasonable and safe for the conditions. That has always been part of North Carolina law.
When It Is Still OK To Drive Slower
The law makes it clear that safety comes first. You are still allowed, and sometimes required, to drive below the minimum speed when conditions demand it.
If there is heavy rain, thick fog, ice, snow, standing water, or smoke, it may not be safe to drive at highway speeds. The same is true when traffic is backed up, when there is a crash ahead, or when you are approaching a work zone or sharp curve with a lower advisory speed.
In those situations, you are expected to slow down, even if that puts you under the posted minimum for a short time. It is wise to move to the right lane when you can do so safely and to leave extra space between your vehicle and the one in front of you.
The problem the state is trying to fix is not careful drivers who slow down for danger. It is drivers who cruise far under the normal speed on fast roads when there is no real reason.
Why North Carolina Raised Minimum Speeds
Most of us think about speeding when we think about car wrecks. It is true that speeding is a major cause of serious crashes. But very slow driving on a high speed road can create danger too.
When one vehicle is moving much slower than the rest of traffic, other drivers often have to brake suddenly, change lanes quickly, or weave around the slower car. Those sudden moves can lead to rear end collisions, side swipes, and chain reaction crashes.
By setting higher minimum speeds on certain highways, lawmakers hope to reduce those big speed differences between vehicles. When most cars are traveling closer to the same speed, traffic tends to flow more smoothly, and there are fewer surprises for drivers.
How the New Law Could Affect an Injury Claim
House Bill 864 is mainly a traffic law. However, it can also matter in personal injury cases after a wreck.
If a driver is traveling below the legal minimum speed where signs are posted and a crash happens, that fact may come up in the investigation. Police, insurance companies, and, in some cases, juries may look at whether going far under the minimum speed helped cause or worsen the crash.
On the other hand, other unsafe behavior still matters. If another driver was speeding, tailgating, texting, or changing lanes without looking, those actions can also be evidence of fault.
In North Carolina, our contributory negligence rules are very strict. That means even a small mistake by an injured person can create a legal fight. When new rules like the minimum speed law are involved, it can be especially important to have a lawyer look closely at what happened.
What North Carolina Drivers Can Do Now
For most drivers, this new law is a reminder to stay aware of both limits, not just the maximum.
When you are on a high speed road, check the signs. Notice not only how fast you are allowed to go, but also the minimum you are expected to maintain. Try to travel at a speed that fits with the normal flow of traffic when conditions are good. If you know you are more comfortable at lower speeds, it may help to leave a little earlier, avoid the heaviest traffic, and stay in the right lane when you can.
Above all, remember that “reasonable and safe” is still the standard. It is better to slow down for bad weather, poor visibility, or road hazards and to use your best judgment.
Talk to Our Greensboro Car Accident Lawyers Now
If you or a loved one have been injured in a car accident and need legal guidance, Ward Black Law can help. Our team can explain your legal options and handle your case from start to finish.
Contact us today for a free claim review to discuss your legal options with an experienced car accident attorney.
