🚀 go-pugleaf

Joel Garry wrote:
> 
> On Thu, 23 Jul 1998 07:49:18 -0700, Richard Berkeley <bummer@ix.netcom.com> wrote:
> >Marc wrote:
> >
> >> And I go 20 in school zones marked at 20 (I'm the slowest car on the
> >> road, but I go over 100 mph all the time in the city limits of Dallas.
> >> I always use my signal, always come to a complete stop.
> >>
> >> I break one law.  I firmly believe that there is no one set speed at
> >> which one becomes unsafe.  Under the correct circumstances, 200+ mph
> >> isn't unsafe on a public road.
> >>
> >> Now I'll just sit back and wait for the flames, though they will try
> >> and tell me that I'm advocating 200 in a school zone, and not in west
> >> TX where I've driven for more than an hour without ever seeing a
> >> single other vehicle with miles of visability and no entrances to the
> >> restricted access road.
> >
> >No flame from me here.  I do the same thing but I break two laws here - speeding and
> >reckless driving (since going 100 mph or above in California is "reckless driving.")
> 
> Do you have a cite for this?  I thought it was 80, but can't find any specific
> speed in the code.

It's not reckless driving. It's just really bad speeding, CVC 22348b 
as opposed to 22349, 22350, or 22356 with which we are all much more 
familiar. 22349 or 22346 would fall as a lesser included offense (as
would 22350, if applicable).

****** BEGIN CVC QUOTE **************

22348.  (a) Notwithstanding subdivision (b) of Section 22351, no
person shall drive a vehicle upon a highway with a speed limit
established pursuant to Section 22349 or 22356 at a speed greater
than that speed limit.
   (b) Any person who drives a vehicle upon a highway at a speed
greater than 100 miles per hour is guilty of an infraction
punishable, as follows:
   (1) Upon a first conviction of a violation of this subdivision, by
a fine of not to exceed five hundred dollars ($500).  The court may
also suspend the privilege of the person to operate a motor vehicle
for a period not to exceed 30 days pursuant to Section 13200.5.
   (2) Upon a conviction under this subdivision of an offense which
occurred within three years of a prior offense resulting in a
conviction of an offense under this subdivision, by a fine of not to
exceed five hundred dollars ($500).  The person's privilege to
operate a motor vehicle shall be suspended by the Department of Motor
Vehicles pursuant to subdivision (a) of Section 13355.
   (3) Upon a conviction under this subdivision of an offense which
occurred within five years of two or more prior offenses resulting in
convictions of offenses under this subdivision, by a fine of not to
exceed five hundred dollars ($500). The person's privilege to operate
a motor vehicle shall be suspended by the Department of Motor
Vehicles pursuant to subdivision (b) of Section 13355.

****** END CVC QUOTE **************

By the way, my proposal would be to eliminate the 100MPH or 160km/h
provision
on "desolate roads"

*************************** PROPOSAL
*******************************************

22348.  No person shall drive a vehicle upon a highway with a speed
limit
established pursuant to Section 22349 or 22356 at a speed greater
than that speed limit.
   (b) Except as provided in section 22366, any person who drives a
vehicle 
upon a highway at a speed greater than 160 km/hr is guilty of an
infraction
punishable, as follows:
   (1) Upon a first conviction of a violation of this subdivision, by
a fine of not to exceed five hundred dollars ($500).  The court may
also suspend the privilege of the person to operate a motor vehicle
for a period not to exceed 30 days pursuant to Section 13200.5.
   (2) Upon a conviction under this subdivision of an offense which
occurred within three years of a prior offense resulting in a
conviction of an offense under this subdivision, by a fine of not to
exceed five hundred dollars ($500).  The person's privilege to
operate a motor vehicle shall be suspended by the Department of Motor
Vehicles pursuant to subdivision (a) of Section 13355.
   (3) Upon a conviction under this subdivision of an offense which
occurred within five years of two or more prior offenses resulting in
convictions of offenses under this subdivision, by a fine of not to
exceed five hundred dollars ($500). The person's privilege to operate
a motor vehicle shall be suspended by the Department of Motor
Vehicles pursuant to subdivision (b) of Section 13355.
   (c) Any vehicle subject to Section 22406 shall be driven in a lane
designated pursuant to Section 21655, or if no lane has been so
designated, in the right-hand lane for traffic or as close as
practicable to the right-hand edge or curb.  When overtaking and
passing another vehicle proceeding in the same direction, the drivers
shall use either the designated lane, the lane to the immediate left
of the right-hand lane, or the right-hand lane for traffic as
permitted under this code.  If, however, specific lane or lanes have
not been designated on a divided highway having four or more clearly
marked lanes for traffic in one direction, any such vehicle may also
be driven in the lane to the immediate left of the right-hand lane,
unless otherwise prohibited under this code.  This subdivision does
not apply to a driver who is preparing for a left- or right-hand turn
or who is in the process of entering into or exiting from a highway
or to a driver who is required necessarily to drive in a lane other
than the right-hand lane to continue on his or her intended route.




22349.  (a) Except as provided in Sections 22356 and 22366, no person
shall
drive a vehicle upon a highway at a speed greater than 110 km/hr.


22350.  No person shall drive a vehicle upon a highway at a speed
greater than is reasonable or prudent having due regard for size and 
type of vehicle, 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.



22351.  The advisory speeds established in section 22352 
and elsewhere in this code are the state's or local authority's 
best determination of speeds that are in compliance with 
the basic speed law set forth in section 22350.



22352.  (a) The advisory speeds are as follows:
   (1) 25 km/hr:
   (A) When traversing a railway grade crossing, if during the last
30 meters 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 125 meters 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 30 meters 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 30 meters 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) 40 km/hr:
   (A) On any highway other than a state highway, in any business or 
residence district.
   (B) When 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 and when 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.
   (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.
   (3) 60 km/hr on any highway, other than a state
highway, in any moderate density residential district, as defined 
in subdivision (b) of Section 22352.1.
   (b) This section shall remain in effect only until March 1, 
2001,and as of that date is repealed, unless a later enacted 
statute, that is enacted on or before March 1, 2001, deletes 
or extends that date.



22352.  (a) The advisory speeds 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) 25 km/hr:
   (A) When traversing a railway grade crossing, if during the last
30 meters 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 125 meters 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 30 meters 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 30 meters 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) 40 km/hr:
   (A) On any highway other than a state highway, in any business or
residence district.
   (B) When 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 and when 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.
   (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.
   (b) This section shall become operative on March 1, 2001.



22352.1.  (a) Notwithstanding any other provision of law, the Town
of Apple Valley, in conjunction with the Department of Transportation 
and the Department of the California Highway Patrol, may conduct a 
demonstration program that establishes an advisory speed of 60 km/hr
 on any highway, other than a state highway, in a
moderate density residence district.
   (b) For the purposes of this section, a "moderate density
residence district" is that portion within the boundaries of the 
Town of Apple Valley of a highway and the property contiguous 
thereto, other than a business district, (1) upon one side of 
which highway, within a distance of 400 meters, the contiguous property
fronting thereon is occupied by six, but not more than 12, separate
dwelling houses or business structures, or (2) upon both sides of
which highway, collectively, within a distance of 400 meters, the 
contiguous property fronting thereon is occupied by 10, but
not more than 15, separate dwelling houses or business structures.
A moderate density residence district may be longer than 400 meters 
if the above ratio of separate dwelling houses or business
structures to the length of the highway exists.
   (c) Section 240 shall apply to the demonstration program
established pursuant to subdivision (a).
   (d) The Town of Apple Valley shall select at least four
representative streets within a moderate density residence district
for purposes of the demonstration program.  The demonstration program 
shall be conducted for at least one year but not longer than three
years.  
Selected streets shall have at least 400 meters of straight roadway 
without interruption and at least one of the streets shall 
have a curb and gutter.
   (e) Drivers of vehicles operating on selected streets shall 
comply with this code for the purpose of all traffic laws.  
Traffic laws shall be enforced by law enforcement agencies 
in accordance with law.

   (f) The Town of Apple Valley shall prepare a written report 
at the end of the demonstration program.  The report shall 
include data identifying street volume, street classification, 
street width, accident history for three years prior to the 
demonstration program, incidences of accidents occurring 
during the program, and the number of violations, identified 
by violation, time of day, speed, and residency of the 
violation.  The report shall be submitted to the Legislature 
within 90 days of the conclusion of the program and shall 
be made available to the public.
   (g) In addition, the Town of Apple Valley shall have a study
conducted by a public or private entity employing traffic and
engineering consultants or by any organization with traffic
engineering expertise.  The entity or organization undertaking the
study shall conduct a study of speeds on the selected residential
streets before posting signs.  Surveys shall include morning and
evening commute times.  This study shall be presented with 
the report described in subdivision (f).
   (h) This section shall remain in effect only until 
March 1, 2001, and as of that date is repealed, unless a 
later enacted statute, that is enacted on or before 
March 1, 2001, deletes or extends that date.



22354.  (a) Whenever the Department of Transportation determines
upon the basis of an engineering and traffic survey that the 
limit of 110 km/hr is more than is reasonable or safe upon any
portion of a state highway where the limit of 110 km/hr is 
applicable, the department may determine and declare an 
advisory speed of 100, 90, 80, 70, 60, 50 or 40 km/hr, 
whichever isfound most appropriate to facilitate the 
orderly movement of traffic and is reasonable and safe.



22354.5.  (a) Whenever the Department of Transportation determines,
upon the basis of an engineering and traffic survey, to increase or
decrease the existing advisory speed on a particular portion of a 
state highway pursuant to Section 22354, it shall, prior to increasing 
or decreasing that advisory speed, consult with, and take into 
consideration the recommendations of, the Department of the 
California Highway Patrol.
   (b)  The city council or board of supervisors of a city or county 
through which any portion of a state highway subject to subdivision 
(a) extends may conduct a public hearing on the proposed increase or 
decrease at a convenient location as near as possible to that portion 
of state highway.  The Department of Transportation shall take into 
consideration the results of the public hearing in determining 
whether to increase or decrease the advisory speed.



22355.  Whenever the Department of Transportation determines upon
the basis of an engineering and traffic survey that the safe and
orderly movement of traffic upon any state highway which is a 
freeway will be facilitated by the establishment of variable 
advisory speeds, the department may erect, regulate, and control 
signs upon the state highway which is a freeway, or any portion 
thereof, which signs shall be so designed as to permit display of 
different advisory speeds at various times of the day or night.  
Such signs need not conform to the standards and specifications 
established by regulations of the Department of Transportation 
pursuant to Section 21400, but shall be of sufficient size and 
clarity to give adequate notice of the applicable advisory speed.


22356.  (a) Whenever the Department of Transportation, after
consultation with the Department of the California Highway Patrol,
determines upon the basis of an engineering and traffic survey on
existing highway segments, or upon the basis of appropriate design
standards and projected traffic volumes in the case of newly
constructed highway segments, that a speed greater than 110 km/hr 
would facilitate the orderly movement of vehicular traffic and
would be reasonable and safe upon any state highway, or portion
thereof, that is otherwise subject to a maximum speed limit of 
110 km/hr, the Department of Transportation, with the approval
of the Department of the California Highway Patrol, may declare a
higher maximum speed of 120 or 130 km/hr for vehicles not subject to
Section 22406, and shall cause appropriate signs to be erected
giving notice thereof.  The Department of Transportation shall only
make a determination under this section that is fully consistent
with, and in full compliance with, federal law.
   (b) No person shall drive a vehicle upon that highway at a speed
greater than 120 or 130 km/hr, as posted.



22357.  (a) Whenever a local authority determines upon the basis of
an engineering and traffic survey that a speed greater than 40 km/hr 
would facilitate the orderly movement of vehicular traffic
and would be reasonable and safe upon any street other than a state
highway otherwise subject to an advisory speed of 40 km/hr, 
the local authority may by ordinance determine and declare 
an advisory speed of 50, 60, 70, 80, 90, or 100 km/hr or 
a maximum speed limit of 110 km/hr, whichever is
found most appropriate to facilitate the orderly movement of traffic
and is reasonable and safe. This section does not apply to any 40 km/hr 
advisory speed which is applicable when passing a school building or the 
grounds thereof or when passing a senior center or other facility
primarily
used by senior citizens.



22357.1.  Notwithstanding Section 22357, a local authority may, by
ordinance or resolution, set an advisory speed of 40 km/hr 
on any street, other than a state highway, adjacent to any
children's playground in a public park but only during particular
hours or days when children are expected to use the facilities.


22358.  (a) Whenever a local authority determines upon the basis of
an engineering and traffic survey that the limit of 110 km/hr
is more than is reasonable or safe upon any portion of any street
other than a state highway where the limit of 110 km/hr is
applicable, the local authority may declare an advisory speed 
of 100, 90, 80, 70, 60, 50, or 40 km/hr, whichever is found most 
appropriate to facilitate the orderly movement of traffic and 
is reasonable and safe.



22358.3.  Whenever a local authority determines upon the basis of an
engineering and traffic survey that the advisory speed of
40 km/hr in a business or residence district or in a public
park on any street having a roadway not exceeding 8 meters in width,
other than a state highway, is more than is reasonable or safe, the
local authority may declare an advisory speed of 30 or 25 km/hr,
whichever is found most appropriate and is reasonable and safe.



22358.4.  Whenever a local authority determines upon the basis of an
engineering and traffic survey that the advisory speed of
40 km/hr established by paragraph (2) or (3) of subdivision
(b) of Section 22352 is more than is reasonable or safe, the local
authority may declare an advisory speed of 30 or 25 km/hr, whichever is
justified as the appropriate advisory speed by such survey.



22358.5.  It is the intent of the Legislature that physical
conditions such as width, curvature, grade and surface conditions, or
any other condition readily apparent to a driver, in the absence of
other factors, would not require special downward speed zoning, as
the basic rule of section 22350 is sufficient regulation as to such
conditions.



22360.  (a) Whenever a local authority determines upon the basis of
an engineering and traffic survey that the limit of 110 km/hr
is more than is reasonable or safe upon any portion of a highway
other than a state highway for a distance of not exceeding 600 meters
in length between districts, either business or residence, the local
authority may determine and declare a reasonable and safe advisory speed 
thereon lower than 110 km/hr, but not less than
40 km/hr.



22362.  It is prima facie a violation of the basic speed law for any
person to operate a vehicle in excess of the posted advisory speed upon
any portion of a highway where officers or employees of the agency
having jurisdiction of the same, or any contractor of the agency or
his employees, are at work on the roadway or within the right-of-way
so close thereto as to be endangered by passing traffic.  This
section applies only when appropriate signs, indicating the limits of
the restricted zone, and the advisory speed applicable therein, are
placed by such agency within 125 meters of each end of such zone.  The
signs shall display the figures indicating the applicable limit,
which shall not be less than 40 km/hr, and shall indicate
the purpose of the speed restriction.  Nothing in this section shall
be deemed to relieve any operator of a vehicle from complying with
the basic speed law.



22363.  Notwithstanding any advisory speed that may be in effect upon
the highway, the Department of Transportation in respect to state
highways, or a local authority with respect to highways under its
jurisdiction, may determine and declare an advisory speed of
60, 50, or 40 km/hr, whichever is found most appropriate
and is reasonable and safe based on the prevailing snow or ice
conditions upon such highway or any portion thereof.  Signs may be
placed and removed as snow or ice conditions vary.



22364.  Whenever the Department of Transportation determines, upon
the basis of an engineering and traffic survey, that the safe and
orderly movement of traffic upon any state highway will be
facilitated by the establishment of different advisory speeds for the
various lanes of traffic, the department may place signs upon the
state highway, or any portion thereof.  The signs shall designate the
advisory speeds for each of the lanes of traffic.



22365.  Notwithstanding any other provision of law, any county or
city, which is contained, in whole or in part, within the South Coast
Air Quality Management District, may, if the county or city
determines that it is necessary to achieve or maintain state or
federal ambient air quality standards for particulate matter,
determine and declare by ordinance an advisory speed that is
lower than that which the county or city is otherwise permitted by
this code to establish, for any unpaved road under the jurisdiction
of the county or city and within the district.  That declared 
advisory speed shall be effective when appropriate signs giving
notice thereof are erected along the road.

22366. Sections 22406, 22348, 22349, and 22356 of this code shall not 
apply to sections of highway classified as desolate roads. For the 
purposes fo this section a "desloate road" shall be defined as any 
highway which the Department of Transportation or local authority 
has determined is used primarily for transportation between places 
not within 50km of that section of highway.

22366a. No person shall operate any vehicle in violation of section
22350 
on any desolate road.

22366b. Until the Department of Transportation and local authorities are
able to make an appropriate determination as to the classification of
all sections of roadway within the state as whether or not the section 
of road is appropriately defined as desolate, the following shall be 
so classified:

   1) Route 5 except in within the corporate limits of Red Bluff and
Redding and in 
Sacramento, San Joaquin, Los Angeles, Orange, and San Diego Counties

   2) Route 6

   3) Route 8 in Imperial County except within the corporate limits of
the City of El Centro

   4) Route 10 from the eastern limits of the City of Indio eastward

   5) Route 15 from the junction with Route 58 Eastward

   6) Route 40 from the junction with I-15 Eastward
   
   7) Route 395 except within the corporate limits of any city or town.

*************** END OF PROPOSAL ************************