Basic speed law California's "Basic Speed Law", part of the
California Vehicle Code, defines the maximum speed at which a car may travel as a "reasonable and prudent" speed, given road conditions. The reasonable speed may be lower than the posted speed limit in conditions such as gravel—thus limiting the
Assured Clear Distance Ahead (ACDA). Basic speed laws are statutized reinforcements of the centuries-old
common law negligence doctrine as specifically applied to vehicular speed. California Vehicle Code section 22350 is typical; it states that "No person shall drive a vehicle upon a highway at a speed greater than is reasonable ... and in no event at a speed which endangers the safety of persons or property". Speed limits in California are mandated by statute to be set: (1) at or below the 85th
percentile operating speed; as determined by a traffic and engineering survey—this is the speed that no more than 15% of traffic exceeds; or (2) the prima facie limits mandated when certain criteria are met as described in the vehicle code. These criteria include school zone, alleyway, and residential area. If the 85th percentile operating speed as measured by a Traffic and Engineering Survey exceeds the
design speed, compulsory legal protection is given to that speed—even if it is unsafe with regard to certain technical aspects such as
sight distance. This speed creep may continue until the 85th percentile operating speed is comparable to speed
psychologically perceived as uncomfortably hazardous. The theory behind California's 85th percentile statute is that, as a policy, most of the electorate should be seen as lawful, and limits must be practical to enforce. However, there are some circumstances where motorists do not tend to process all the risks involved, and as a mass choose a poor 85th percentile speed. This rule in substance is a process for voting the speed limit by driving; and in contrast to delegating the speed limit to an engineering expert. The numerical limit set by
Caltrans engineers for speed limit signs, generally found on all non-
controlled-access routes, is considered a presumptive maximum "reasonable and prudent" speed. Many speed limit signs are labeled "maximum speed", usually when the limit is or higher. When the
National Maximum Speed Law was enacted, California was forced to create a new legal
signage category, "Maximum Speed", to indicate to drivers that the
Basic Speed Law did not apply for speeds over the federally mandated speed cap; rather, it would be a violation to exceed the fixed maximum speed indicated on the sign, regardless of whether the driver's speed could be considered "reasonable and prudent". A driver can receive a
traffic citation for violating the
Basic Speed Law even if their speed is below the "maximum speed limit" if road, weather, or traffic conditions make that speed unsafe. However, because the Basic Speed Law establishes
prima facie limits, not absolute ones, they can also defend against a citation for speeding "by competent
evidence that the speed in excess of said limits did not constitute a violation of the basic speed law at the time, place and under the conditions then existing", per section 22351(b) of the California Vehicle Code. Thus, a driver who operates over the speed limit, but less than the usual maximum speed ( for two-lane undivided highways, isn't necessarily violating California's speed laws where the driver's speed was otherwise safe under the circumstances.
Speed limits Rural freeways, such as parts of
I-5,
I-8,
I-10,
I-15,
I-40,
I-205,
I-215,
I-505,
I-580,
US 101 (until 2023),
CA 14,
CA 58, and
CA 99 have speed limits. The highest speed limit on
I-80 is because it passes almost exclusively through urban and mountainous areas. However, the speed limit on the
San Francisco–Oakland Bay Bridge and in
San Francisco is only . In downtown Los Angeles, the maximum speed limit is . This includes the entire length of the
Pasadena Freeway between
Pasadena and downtown Los Angeles, and portions of the
Hollywood,
Santa Ana,
Santa Monica, and
Harbor Freeways. The default limit on two-lane roads is . Some two-lane roads can be for some locations in California. However,
Caltrans or a local agency can post a speed of up to after an
engineering study. There is a speed limit for trucks with at least 3 axles and all vehicles while towing. In California, the maximum speed in
school zones is , but may only be in effect when children are present within that school zone. ==Colorado==