Speed Laws: Beyond the Speed Limit

Have You Ever Been Pulled Over for Going Under the Speed Limit?

Have you ever been pulled over for going under the speed limit? I have never even seen a police car being driven ten miles an hour under the speed limit. It's a rare occurrence indeed.

Yes, it does happen. During a heavy downpour, I witnessed a police car driving at 50 mph in the middle lane, significantly below the 70 mph speed limit. I decided to overtake and was doing 60 mph. The officer pulled me over, questioning why I had overtaken. I explained that the car was going very slow. He replied that he was deliberately reducing the speed so that everyone else would drive slightly slower in the rain, and that I shouldn't have overtaken. When I asked if it was illegal to overtake slower cars, he confirmed it wasn't. Although he was not pleased, he did not issue a ticket.

Understanding California's Speed Laws

Speed laws can vary significantly from one jurisdiction to another. In California, there are four main types of speed laws:

The Basic Speed Law

California law as stated in California Vehicle Code (CVC) 22350 provides that “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.”

The posted speed limit is considered the maximum speed under ideal conditions. Exceeding the posted speed limit is not always illegal, but it is viewed by the court as a strong indicator of what is safe. Conversely, violating the basic speed law can be cited even if the driver is going slower than the posted speed limit if the conditions necessitate a higher speed.

Prima Facie Speed Limits

Prima facie speed limits are set for specific areas, such as 25 mph in a school zone or in residential or business districts. Exceeding these limits is not strictly illegal, but it is treated as such for practical purposes. Courts afford great deference to these limits, and violations are usually cited under CVC 22350.

Maximum Speed Limits

On most California freeways, the maximum speed for passenger vehicles is 65 mph. Even one mile per hour over this limit is a violation. On two-lane county roads, the maximum speed is 55 mph. Certain types of vehicles and their combinations may have lower maximum speed restrictions.

Minimum Speed Limits

The minimum speed law prohibits driving at a speed that is too low to impede traffic flow. It is illegal to travel below the posted minimum speed if one is set, or below the minimum speed required to safely move through traffic. While I have never encountered a road with a posted minimum speed, the law does allow for such postings.

Conclusion

While being pulled over for going under the speed limit is a rare occurrence, understanding the nuances of California's speed laws can help ensure safe and legal driving practices. Always adjust your speed based on the conditions to prevent unnecessary issues on the road.