[Elist] [ABATE] FYI General Info CA speed laws

Tue Sep 6 06:19:11 PDT 2011

   F.Y.I.  General info about California's speed laws.
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V C Section 22351 Speed Law Violations
Speed Law Violations 
22351.  (a) The speed of any vehicle upon a highway not in excess of the limits specified in Section 22352 or established as authorized in this code is lawful unless clearly proved to be in violation of the basic speed law. 
(b) The speed of any vehicle upon a highway in excess of the prima facie speed limits in Section 22352 or established as authorized in this code is prima facie unlawful unless the defendant establishes by competent evidence that the speed in excess of said limits did not constitute a violation of the basic speed law at the time, place and under the conditions then existing. 

V C Section 22350 Basic Speed Law 
Basic Speed Law 
22350.  No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property. 
Amended Ch. 252, Stats. 1963. Effective September 20, 1963. 

California Driver Handbook Speed Limits 
Speed Limits 
California has a "Basic Speed Law." This law means that you may never drive faster than is safe for current conditions. For example, if you are driving 45 mph in a 55 mph speed zone during a dense fog, you could be cited for driving "too fast for conditions." You may never legally drive faster than the posted speed limit, even if you think it is safe. 
Regardless of the posted speed limit, your speed should depend on: 

The number and speed of other vehicles on the road.
Whether the road surface is smooth, rough, graveled, wet, dry, wide, or narrow.
Bicyclists or pedestrians walking on the road’s edge or crossing the street.
Whether it is raining, foggy, snowing, windy, or dusty.
California Vehicle Code 
V C Section 22352 Prima Facie Speed Limits 
Prima Facie Speed Limits 
22352.  (a) The prima facie limits are as follows and shall be applicable unless changed as authorized in this code and, if so changed, only when signs have been erected giving notice thereof: 
(1) Fifteen miles per hour: 
(A) When traversing a railway grade crossing, if during the last 100 feet of the approach to the crossing the driver does not have a clear and unobstructed view of the crossing and of any traffic on the railway for a distance of 400 feet in both directions along the railway. This subdivision does not apply in the case of any railway grade crossing where a human flagman is on duty or a clearly visible electrical or mechanical railway crossing signal device is installed but does not then indicate the immediate approach of a railway train or car. 
(B) When traversing any intersection of highways if during the last 100 feet of the driver's approach to the intersection the driver does not have a clear and unobstructed view of the intersection and of any traffic upon all of the highways entering the intersection for a distance of 100 feet along all those highways, except at an intersection protected by stop signs or yield right-of-way signs or controlled by official traffic control signals. 
(C) On any alley. 
(2) Twenty-five miles per hour: 
(A) On any highway other than a state highway, in any business or residence district unless a different speed is determined by local authority under procedures set forth in this code. 
(B) When approaching or passing a school building or the grounds thereof, contiguous to a highway and posted with a standard "SCHOOL" warning sign, while children are going to or leaving the school either during school hours or during the noon recess period. The prima facie limit shall also apply when approaching or passing any school grounds which are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a standard "SCHOOL" warning sign. For purposes of this subparagraph, standard "SCHOOL" warning signs may be placed at any distance up to 500 feet away from school grounds. 
(C) When passing a senior center or other facility primarily used by senior citizens, contiguous to a street other than a state highway and posted with a standard "SENIOR" warning sign. A local authority is not required to erect any sign pursuant to this paragraph until donations from private sources covering those costs are received and the local agency makes a determination that the proposed signing should be implemented. A local authority may, however, utilize any other funds available to it to pay for the erection of those signs. 
(b) This section shall become operative on March 1, 2001. 
Added Sec. 2, Ch. 421, Stats. 1997. Effective January 1, 1998. 
Amended Sec. 2, Ch. 521, Stats. 2000. Effective January 1, 2001. Operative March 1, 2001. 

V C Section 22358.4 Decrease of Local Limits Near Schools or Senior Centers 
Decrease of Local Limits Near Schools or Senior Centers 
22358.4.  (a) (1) Whenever a local authority determines upon the basis of an engineering and traffic survey that the prima facie speed limit of 25 miles per hour established by paragraph (2) of subdivision (a) of Section 22352 is more than is reasonable or safe, the local authority may, by ordinance or resolution, determine and declare a prima facie speed limit of 20 or 15 miles per hour, whichever is justified as the appropriate speed limit by that survey. 
(2) An ordinance or resolution adopted under paragraph (1) shall not be effective until appropriate signs giving notice of the speed limit are erected upon the highway and, in the case of a state highway, until the ordinance is approved by the Department of Transportation and the appropriate signs are erected upon the highway. 
(b) (1) Notwithstanding subdivision (a) or any other provision of law, a local authority may, by ordinance or resolution, determine and declare prima facie speed limits as follows: 
(A) A 15 miles per hour prima facie limit in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, when approaching, at a distance of less than 500 feet from, or passing, a school building or the grounds of a school building, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 15 miles per hour, while children are going to or leaving the school, either during school hours or during the noon recess period. The prima facie limit shall also apply when approaching, at a distance of less than 500 feet from, or passing, school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a school warning sign that indicates a speed limit of 15 miles per hour. 
(B) A 25 miles per hour prima facie limit in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, when approaching, at a distance of 500 to 1,000 feet from, a school building or the grounds thereof, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 25 miles per hour, while children are going to or leaving the school, either during school hours or during the noon recess period. The prima facie limit shall also apply when approaching, at a distance of 500 to 1,000 feet from, school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a school warning sign that indicates a speed limit of 25 miles per hour. 
(2) The prima facie limits established under paragraph (1) apply only to highways that meet all of the following conditions: 
(A) A maximum of two traffic lanes. 
(B) A maximum posted 30 miles per hour prima facie speed limit immediately prior to and after the school zone. 
(3) The prima facie limits established under paragraph (1) apply to all lanes of an affected highway, in both directions of travel. 
(4) When determining the need to lower the prima facie speed limit, the local authority shall take the provisions of Section 627 into consideration. 
(5) (A) An ordinance or resolution adopted under paragraph (1) shall not be effective until appropriate signs giving notice of the speed limit are erected upon the highway and, in the case of a state highway, until the ordinance is approved by the Department of Transportation and the appropriate signs are erected upon the highway. 
(B) For purposes of subparagraph (A) of paragraph (1), school warning signs indicating a speed limit of 15 miles per hour may be placed at a distance up to 500 feet away from school grounds. 
(C) For purposes of subparagraph (B) of paragraph (1), school warning signs indicating a speed limit of 25 miles per hour may be placed at any distance between 500 and 1,000 feet away from the school grounds. 
(D) A local authority shall reimburse the Department of Transportation for all costs incurred by the department under this subdivision. Amended Sec. 23, Ch. 279, Stats. 2005. Effective January 1, 2006. 
Amended Sec. 1, Ch. 384, Stats. 2007. Effective January 1, 2008

 John Del Santo
    ( 619 ) 223 - 0421

 At Intersections,  and 
  In Your Blind Spots,
 "Check Twice for Motorcycles".  

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