JURISDICTION: CALIFORNIA

This chapter summarizes California State statutes related to speed.

General Reference: West's Annotated California Codes

Basis for a Speed Law Violation:

Basic Speed Rule: No person shall drive a vehicle at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and surface and width of, the highway.⁽¹⁾ In no event, shall a speed such as to endanger the safety of persons or property. Veh. Code §22350

Statutory Speed Limit: 65 MPH⁽²⁾ (except as noted below) Veh. Code §§22349(a) & 22356

See Other below. 55 MPH on two lane undivided highway Veh. Code §22349(b)

15 MPH⁽³⁾ (prima facie limit) on any alley Veh. Code §22352(a)(3)

25 MPH⁽⁴⁾ (prima facie limit) in a business or residence district Veh. Code §22352(b)(1)

25 MPH near a children's playground⁽⁵⁾ Veh. Code §22357.1

Posted (Maximum) Speed Limit: I. Based on engineering and traffic surveys, the State Department of Transportation may establish prima facie speed limits of 60, 55, 50, 45, 40, 35, 30 or 25 MPH on the State highway system.⁽⁶⁾ Veh. Code §22354

II. Based on engineering and traffic surveys, a local government may increase the above prima facie 25 MPH speed limit. Such government may establish prima facie speed limits of 30, 35, 40, 45, 50, 55, 60 or 65 MPH on highways under its jurisdiction.⁽⁷⁾ Veh. Code §22357

Basis for a Speed Law Violation: (continued)

III. Based on engineering and traffic surveys, a local government may decrease the 65 MPH speed limit on applicable highways within its jurisdiction. Such government may establish prima facie speed limits of 60, 55, 50, 45, 40, 35, 30 or 25 on such highways. Veh. Code §§22358(a) & 22360

IV. Based on engineering and traffic surveys, a local government may decrease the above 25 MPH prima facie speed limit to either 15 or 20 MPH on streets under its jurisdiction having a width not more than 25 feet. Veh. Code §22358.3

V. Based on engineering and traffic surveys, a local government may lower the above 25 MPH prima facie 15 or 20 MPH for business and residential districts or school zones. Veh. Code §22358.4

VI. Based on engineering and traffic surveys, the State or a local government on highways within their respective jurisdictions may establish different prima facie speed limits for different roadways. Veh. Code §22361.

VII. When ice or snow conditions exist, the State Department of Transportation or a local government on highways under their respective jurisdictions may establish prima facie speed limits of 40, 35, 30 or 25 MPH. Veh. Code §22363

VIII. Based on engineering and traffic surveys, the State Department of Transportation may establish different speed limits for highway lanes on the State highway system. Veh. Code §22364

IX. The State Department of Transportation or a local government may establish a safe maximum speed limit (but not <5 MPH) for bridges, elevated structures, tubes or tunnels on the highway under their respective jurisdictions. Veh. Code §§22402, 22403, 22404 & 22405

Minimum Speed Limit: A person shall not drive a vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic. Veh. Code §22400(a)

Posted (Minimum) Speed Limit: Based on engineering and traffic surveys, the State Department of Transportation may establish a minimum speed on any part of the State highway system. Veh. Code §22400(b)

Other: I. 55 MPH⁽⁸⁾ is the maximum speed for: (1) A motortruck, (2) a track tractor having three or more axles, (3) a motortruck or track tractor drawing any other vehicle, (4) a passenger vehicle or bus drawing any other vehicle, (5) a schoolbus while transporting pupils, (6) a farm labor vehicle while transporting passengers, (7) a vehicle transporting explosives or (8) a trailer bus. Veh. Code §22406

II. 25 MPH is the maximum speed for vehicles with solid tires and having a gross vehicle weight for 10,000 but <16,000 lbs. Veh. Code §22409

Basis for a Speed Law Violation: (continued)

III. 15 MPH is the maximum speed for vehicles equipped with solid tires and having a gross vehicle weight for 16,000 but <22,000 lbs. Veh. Code §22409

IV. 6 MPH is the maximum speed for vehicles equipped with metal tires. Veh. Code §22410

Adjudication of Speed Law Violations:

Civil/Criminal Adjudication of Violation: All Speed Violations are Infractions Veh. Code §§22351 & 42001(a)

Other: Important. See Miscellaneous Sanctions below.

Sanctions Following an Adjudication of a Speed Law Violation:

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): None

Mandatory Minimum Term:

Fine:

Amount ($ Range): 1st offense-Not more than $100 2nd offense (within 1 year)-Not more than $200 3rd or subsequent offense (within 1 year)-Not more than $250 Veh. Code §42001(a)(1), (2) & (3)

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School: The court may order an offender to attend a traffic violator school. Veh. Code §42005

Other: Double Fines. On certain portions of highways designed under Streets and Highways Code §97, the fines are double the amount noted above. Veh. Code §42010⁽⁹⁾

Traffic Violation Points.⁽¹⁰⁾ An offender is assessed 1 point on their driving record. Veh. Code §12810(e)

Sanctions Following an Adjudication of a Speed Law Violation:

(continued)

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension Veh. Code §13200

Term of License Withdrawal

(Days, Months, Years, etc.): 1st offense-Not more than 30 days 2nd offense-Not more than 60 days 3rd or subsequent offense-Not more than 6 months Veh. Code §13200⁽¹¹⁾

Mandatory Minimum Term of

Withdrawal: None

Miscellaneous Sanctions

Not Included Elsewhere: I. The following fines apply to offenses involving exceeding the basic speed rule (Veh. Code §22350), exceeding 55 MPH in certain vehicles (Veh. Code §22406) or exceeding the speed established for certain vehicles when descending a grade (Veh. Code §22407): 1st offense-Not more than $100 1st offense (where speed was 10 MPH over the limit)-Not more than $200 2nd or subsequent offense-Not more than $300 Veh. Code §42000.5

II. For speeding in a tank vehicle transporting >500 gallons of flammable liquids, in willful or wanton disregard for the safety of others, a person is subject to the following additional sanctions: 1st offense-Not more than $500 2nd or subsequent offense (within 2 years)-Not more than $2,000 and suspension of hazardous material or cargo tank endorsement for 6 months Veh. Code §22406.5

III. The fines are increased by one category under Veh. Code §40310⁽¹²⁾ if the speeding offense occurred while in a highway construction zone. Veh. Code §42009

Other Criminal Actions Related to Speeding:

Racing on Highway⁽¹³⁾: Misdemeanor Veh. Code §§23109 & 40000.15

Sanctions:

Criminal Sanction:

Imprisonment (Term): Speed Contest: 1st offense-24 hours to 90 days Subsequent offense (within 5 years)-4 days to 6 months Veh. Code §23109(e) & (f)

Exhibition of Speed: Not more than 90 days Veh. Code §23109(i)

Mandatory Minimum Term: Speed Contest: 1st offense-None Subsequent offense (within 5 years)-48 hours Veh. Code §23109(f)

Exhibition of Speed: None

Other Criminal Actions Related to Speeding:

(continued)

Racing on Highways: (continued)

Fine ($ Range): Speed Contest: 1st offense-$355 to $1,000 Subsequent offense (within 5 years)-$500 to $1,000 Veh. Code §23109(e) & (f)

Exhibition of Speed: Not more than $500 Veh. Code §23109(i)

Mandatory Minimum Fine: Speed Contest: 1st offense or subsequent offense (within 5 years)-None Exhibition of Speed: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: For Speed Contest-Suspension Veh. Code §13352(a)(8) and 23109(e) & (f)

Length of Term of

Licensing Withdrawal: Speed Contest: 1st offense-Suspension 90 days to 6 months Veh. Code §§13352(a)(8) & 23109(e) Subsequent offense (within 5 years)-Suspension 6 months Veh. Code §§13352(a)(9) & 23109(f)

Exhibition of Speed: None

Mandatory Action--Minimum

Length of License

Withdrawal: Speed Contest: 1st or subsequent offense (within 5 years)-None⁽¹⁴⁾

Exhibition of Speed: None

Other: I. Speed Contest: 1st or subsequent offense (within 5 years)-If the vehicle is owned by the offender, it may be impounded from 1 day to 30 days. Veh. Code §23109(h)

II. For either offense, the court may order an offender to attend a traffic violator school. Veh. Code §42005

III. Traffic Violation Points.¹⁰ For either offense, a defendant is assessed 1 point on their driving record. Veh. Code §12810(e)

Reckless Driving: Misdemeanor Veh. Code §§23103(a), 40000.15 & 40000.24

Sanction:

Criminal:

Imprisonment (Term): 5 days to 90 days Veh. Code 23103(c)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): $145 to $1,000 Veh. Code 23103(c)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension or Revocation Veh. Code §§13200 & 13351(a)(2)

Other Criminal Actions Related to Speeding:

(continued)

Reckless Driving: (continued)

Length of Term of License

Withdrawal Action: 1st offense-Suspension for not more than 30 days 2nd offense-Suspension for not more than 60 days 3rd or subsequent offense-Suspension for not more than 6 months Veh. Code §13200⁹ Three (3) or more offenses (within 12 months)-Revocation for 3 years. Veh. Code §13351(a)(2) & (b)

Mandatory Term of License

Withdrawal Action: Three (3) or more offenses (within 12 months)-Revocation for 3 years. Veh. Code §13351(a)(2) & (b)

Other: I. The court may order an offender to attend a traffic violator school. Veh. Code §42005

II. Traffic Violation Points.¹⁰ An offender is assessed 2 points on their driving record. Veh. Code §12810(c)

Reckless Driving Causing Bodily Injury: Veh. Code §§23104, 40000.15 & 40000.24

Sanction:

Criminal:

Imprisonment (Term): 1st offense-30 days to 6 months (in the county jail) Subsequent offense-30 days to 6 months (in either the State prison⁽¹⁵⁾ or county jail) Veh. Code §23104(a) & (b)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): 1st or subsequent offense-$220 to $1,000 Veh. Code §23104(a) & (b)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Revocation⁽¹⁶⁾ Veh. Code §§13350(a)(3) & 13351(a)(2)

Length of Term of License

Withdrawal Action: 1 year Veh. Code §13350(c) Three (3) or more offenses (within 12 months)-Revocation for 3 years. Veh. Code §13351(a)(2) & (b)

Mandatory Term of License

Withdrawal Action: 1 year Veh. Code §13350(c) Three (3) or more offenses (within 12 months)-Revocation for 3 years. Veh. Code §13351(a)(2) & (b)

Other: I. The court may order an offender to attend a traffic violator school. Veh. Code §42005

II. Traffic Violation Points.¹⁰ An offender is assessed 2 points on their driving record. Veh. Code §12810(c)

Other Criminal Actions Related to Speeding:

(continued)

Speed in Excess of 100 MPH: Infraction Veh. Code §22348(b)

Sanction:

Criminal:

Imprisonment (Term): None

Mandatory Minimum Term

of Imprisonment:

Fine ($ Range): 1st or subsequent offense-Not more than $500 Veh. Code §§22348(b) & 42000.1

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension Veh. Code §§22348(b), 13200.5 and 13355(a) & (b)

Length of Term of License

Withdrawal Action: 1st offense-Not more than 30 days Veh. Code §§22348(b)(1) & 13200.5 2nd offense (within 3 years)-6 months Veh. Code §§22348(b)(2) & 13355(a) 3rd or subsequent offense (within 5 years)-1 year Veh. Code §§22348(b)(3) & 13355(b)

Mandatory Term of License

Withdrawal Action: None Note: In the case of a 1st offense, suspension is discretionary. For 2nd and subsequent offenses, suspension is mandatory. However, restricted driving privileges are available to allow an offender either to travel to and from work or to perform employment related duties. Veh. Code §§22348(b)(1), 13200.5 and 13355(a) & (b)

Other: I. The court may order an offender to attend a traffic violator school. Veh. Code §42005

II. Traffic Violation Points.⁸ An offender is assessed 2 points on their driving record. Veh. Code §12810(d)(1)

Commercial Motor Vehicle (CMV) Operators⁽¹⁷⁾:

Grounds for Disqualification: No person may operate a CMV if they have either (1) been convicted of 2 "serious traffic violations"⁽¹⁸⁾ within a 3 year period or (2) been convicted of 3 such violations within a 3 year period while driving a CMV. Veh. Code §§15306 & 15308

Commercial Motor Vehicle (CMV) Operators:

(continued)

Period of Disqualification: 2 serious violations (within 3 years)-60 days 3 serious violations (within 3 years)-120 days Veh. Code §§15306 & 15308

Period of Mandatory Disqualification: 2 serious violations (within 3 years)-60 days 3 serious violations (within 3 years)-120 days Veh. Code §§15306 & 15308

1. ¹It is a prima facie violation of the basic speed rule to exceed a construction zone speed limit. A construction zone speed limit cannot be <25 MPH. Veh. Code §22362

2. ²Based upon engineering and traffic surveys, the State Department of Transportation may increase the maximum to 70 MPH. Veh. Code §22356(a) Note: Neither the 65 MPH nor 70 MPH maximum speed limits apply to certain types of vehicles per Veh. Code §22406.

3. ³Or when traversing either a uncontrolled railway crossing or uncontrolled highway intersection where the driver does not have a clear and unobstructed view. Veh. Code §22352(a)(1) & (2)

4. ⁴Or (1) when passing a school, which is not separate from the highway by a physical barrier, with a standard "school" warning sign while children are going to or leaving the school or during school hours or (2) when passing a facility used by senior citizens with a standard "senior" warning sign. Veh. Code §22352(b)(2) & (3)

5. ⁵This limit is established by local authorities.

6. ⁶Also, based on engineering and traffic surveys, the State Department of Transportation may establish different speed limits for various times of the day or night. Veh. Code §22355

7. ⁷A local government may also establish a prima facie speed limit of 25 MPH on highways under their jurisdiction that are adjacent to a children's playground in a public park. However, such a speed limit is only to be effective during hours when children are expected to use such playground. Veh. Code §22357.1

8. ⁸Based on engineering and traffic surveys, the State Department of Transportation may reduce the 55 MPH maximum speed limit for motortrucks or truck tractors having gross vehicle weight 10,000 lbs. while in a descending grade. The speed limit for these vehicles may be established at 50, 45, 40, 35, 30, 25 or 20 MPH. Veh. Code §22407

9. ⁹This section is only operative until January 1, 1998.

10. ¹⁰Point System. A person, who accumulates the request number of points on their driving record, is presumed to be a negligent driver. Such a driver can have their driving privileges suspended for not more than 6 months. However, they may obtain restricted driving privileges for use during the scope of their employment. A person is presumed to be negligent driver if they accumulate either 4 or more points in 12 months, 6 or more points in 24 months, or 8 or more points in 36 months. Veh. Code §§12809, 12810, 12810.5, 12812, 13556 & 13359

11. ¹¹This code provision does not state a time period within which a second or subsequent offense must be committed after a first in order to impose enhanced sanctions. As a result, it appears that the enhanced licensing sanctions apply regardless of the time lapse between first and second or subsequent offense.

12. ¹²This section of the Vehicle Code provides that the California Judicial Council shall establish a uniform traffic fine schedule.

13. ¹³The law makes it an offense to "engage in any motor vehicle speed contest on a highway" or "engage in any exhibition of speed on a highway".

14. ¹⁴For either a first or subsequent offense, an offender may obtain restricted driving privileges for the purpose of traveling to and from word or to perform duties within the scope of employment. Veh. Code §23109(e) & (f)

15. ¹⁵Under Penal Code §17, a person, who is punished by imprisonment in the State prison, is considered to have committed a felony.

16. ¹⁶The offender is also subject to license suspension for not more than 6 months under Veh. Code §13201.

17. ¹⁷A person who has obtained a commercial driver's license (CDL) and is qualified to operate a commercial motor vehicle. A commercial motor vehicle is defined as a vehicle designed to carry either passengers or property and either has a gross vehicle weight of 26,001 lbs., were the towed vehicle weighs 10,000 lbs., is a trailer bus, is carrying a hazardous materials which require that the vehicle to be placarded in under either the Vehicle or Health and Safety codes. Veh. Code §§12804.9(b), 15210(b)(1) & (k) and 15278(a)(4)

18. ¹⁸A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. Veh. Code §15210(i), 49 USC §31301(12) & 49 CFR 383.5