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Article #1769

Re: 65? 55? Give us a sign!

#1769
From: Danny Low
Date: Wed, 17 Jan 1996 00:00
38 lines
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Dan Howell (dhowell.es_cp8@xerox.com) wrote:
: 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".  

The courts do not agree with your reading. Their reading is that

1. Until a speed study is done, the government entity responsible
for the road can set any speed limit it wants.

2. When such a study is done, the legal speed limit is that set by
the study.

3. The speed limit can revert to the pre-study limit if there is
an increase in accidents after the study limit is put in place.

Since your reading has no legal standing but that of the courts 
do, your reading is irrelevant. 

There was a small local flap about speed limits a few years ago.
Palo Alto had the set the speed limit on University Ave to 25mph. 
Eventually a speed study was done and found the limit should 
be 35mph. The residences protested this limit so the city 
never changed the signs. However the PA police
could not ticket anyone until they exceeded 35mph despite the
25mph signs. Eventually the city got the speed limit legally put
back to 25mph by showing an increase in accidents. Since absolutely
nothing had changed, it appears Palo Alto used a statistical blip
to force the speed limit back down to 25mph. Today the speed limit
on University is back to 25mph, people normally drive 35mph and
the PA police sometimes ticket people for going faster than 25mph
to keep the locals happy.

			   Danny Low
    "Question Authority and the Authorities will question You"
	   Valley of Hearts Delight, Silicon Valley
	     HP NSD   dlow@ppg01.sc.hp.com
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From: dlow@ppg01.sc.hp.com (Danny Low)
Subject: Re: 65? 55? Give us a sign!
Date: 1996/01/17
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