Question: Jerry, I am concerned about the many drivers speeding on our local streets and highways, especially motorcyclists. What are the laws on speeding?
– Walt
Answer: Many people are not aware of our speed laws in California. California has a basic speed law and a maximum speed law.
California vehicle code 22350 is the basic speed law: “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.”
By law, a person can legally drive over the posted speed limit if it is safe. Example: A driver is traveling five or more mph over the posted speed limit. Was it an unsafe speed? The officer will form the opinion. It’s more likely that the officer will cite for around 10 or 15 mph or higher.
Certain factors compound the hazard of the speed traveled. Was it a residential area? Were there any intersecting streets, driveways, parked vehicles, curves in the roadway, pedestrians, foliage? Were the streets wet and what was the condition of the roadway? The officer will also take into consideration feet per second traveled and reaction time in braking at higher speeds.
How about this? A driver is traveling 40 mph in a posted 40 mph zone just as safe as can be, when all of a sudden that driver enters into a fog bank with visibility now limited to 50 feet ahead. To continue at 40 mph would now be considered an unsafe speed because of the change in conditions. The driver would now have to slow to a much lower speed to be driving safely. Where 40 was a safe speed instantly became an unsafe speed. We drive according to conditions under the basic speed law.
California vehicle code 22349a is the maximum speed law: “No person may drive a vehicle upon a highway at a speed greater than 65 mph unless posted.” On a two-lane undivided highway, the maximum speed limit is 55 mph unless posted.
“But I was driving safely,” is not a defense for traveling over the maximum speed limit. “But I was keeping up with the flow of traffic,” is not a defense also. There are signs posted that read, “Slower Traffic Keep Right.”
FYI: The speed limit in any residential or business district is 25 mph unless posted. It’s also 25 mph in a school zone and 15 mph on any alley. Large semi trucks, and such, are subject to different speed laws and lane usage.
It gets more technical but these are generally our speed laws. Keep in mind that excessive speed contributes to most accidents, combined with impaired driving. There were at least 3,900 traffic fatalities in California in 2023 and approximately 40,000 deaths nationwide.
Jerry Schlund, a Santa Clarita Valley resident, is a retired Los Angeles Police Department motor officer with over 24 years riding. He was a certified radar instructor — both laser and doppler — and was instrumental in California vehicle code amendments. He was a traffic school instructor for 25 years. Have a question for the motor cop? Send your questions to [email protected].
