🚀 go-pugleaf

In article <30f9b470.9015719@nntp.ix.netcom.com>, BajaRat (BajaRat) writes:
> I didn't notice any signs from Del Amo to Ocean Av. SB/710 yesterday
> either. The idea of having two or three speed limits is pretty stupid
> if you ask me.... especially on the 405 between the 110 and LAX where
> it's 55. The only really bogus freeway is the 110 from downtown L.A.
> to Pasadena. That one should be about 30 <g>. Just go with the flow &
> you should be OK.

In my opinion, any sign that says "MAXIMUM SPEED 55" is illegal, and
the true legal speed limit on any such road is 65.  The law is as
follows:

  22349.  (a) Except as provided in Section 22356, no person shall
  drive a vehicle upon a highway at a speed greater than 65 miles per
  hour.
     (b) This section shall become operative on the date specified in
  subdivision (c) of Section 22366.

22356 allows 70 mph maximum speed limits.  22366 says the operative date
is when CalTrans determines that raising the limit to 65 won't result
in a loss of federal funds; clearly this date has come and gone.

  22354.  (a) Whenever the Department of Transportation determines
  upon the basis of an engineering and traffic survey that the limit of
  65 miles per hour is more than is reasonable or safe upon any
  portion of a state highway where the limit of 65 miles is applicable,
  the department may determine and declare a prima facie speed limit
  of 60, 55, 50, 45, 40, 35, 30 or 25 miles per hour, whichever is
  found most appropriate to facilitate the orderly movement of traffic
  and is reasonable and safe, which declared prima facie speed limit
  shall be effective when appropriate signs giving notice thereof are
  erected upon the highway.
     (b) This section shall become operative on the date specified in
  subdivision (c) of Section 22366.

Now, according to my reading of the law, the only valid 55 mph speed
limits are prima facie speed limits established pursuant to 22354, and
this requires "an engineering and traffic survey" and "appropriate signs
giving notice thereof".  Since CalTrans admits the surveys haven't
been completed, and since "appropriate signs" have not been posted
(the appropriate sign for a prima facie limit is "SPEED LIMIT", not
"MAXIMUM SPEED"), it is my opinion that the speed limits on the 405,
110, and 91 are 65 mph, regardless of any unchanged "MAXIMUM SPEED 55"
signs (what few of them there are), unless and until the surveys are
complete and "SPEED LIMIT 55" signs are posted.

I am curious if anyone has gotten speeding tickets at 56-65 on any
of these freeways?  I would fight any such ticket on these grounds.

I am also curious if anyone believes that any *valid* study would
justify 55 mph on any of these freeways other then perhaps the
Pasadena Freeway section of the 110?  Except during rush hour,
the prevailing speeds on these freeways tend to be 65-75 mph.

This of course is only my opinion and should not be construed as
legal advice.

-- 
Dan Howell  <dhowell.es_cp8@xerox.com>