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   CALIFORNIA VEHICLE CODE    

   :: SECTION 22348-22366

 

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.
   (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 Section 22356, no person may drive
a vehicle upon a highway at a speed greater than 65 miles per hour.

   (b) Notwithstanding any other provision of law, no person may
drive a vehicle upon a two-lane, undivided highway at a speed greater
than 55 miles per hour unless that highway, or portion thereof, has
been posted for a higher speed by the Department of Transportation or
appropriate local agency upon the basis of an engineering and
traffic survey.  For purposes of this subdivision, the following
apply:
   (1) A two-lane, undivided highway is a highway with not more than
one through lane of travel in each direction.
   (2) Passing lanes may not be considered when determining the
number of through lanes.
   (c) It is the intent of the Legislature that there be reasonable
signing on affected two-lane, undivided highways described in
subdivision (b) in continuing the 55 miles-per-hour speed limit,
including placing signs at county boundaries to the extent possible,
and at other appropriate locations.



22350.  No person shall drive a vehicle upon a highway at a speed
greater than is reasonable or prudent having due regard for 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.  (a) The speed of any vehicle upon a highway not in excess of
the limits specified in Section 22352 or established as authorized
in this code is lawful unless clearly proved to be in violation of
the basic speed law.
   (b) The speed of any vehicle upon a highway in excess of the prima
facie speed limits in Section 22352 or established as authorized in
this code is prima facie unlawful unless the defendant establishes 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.



22352.  (a) The prima facie limits 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) Fifteen miles per hour:
   (A) When traversing a railway grade crossing, if during the last
100 feet 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 400 feet 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 100 feet 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 100 feet 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) Twenty-five miles per hour:
   (A) On any highway other than a state highway, in any business or
residence district unless a different speed is determined by local
authority under procedures set forth in this code.
   (B) When approaching or 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.  The
prima facie limit shall also apply when approaching or 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.  For purposes of this subparagraph, standard "SCHOOL" warning
signs may be placed at any distance up to 500 feet away from school
grounds.
   (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.  A local authority
is not required to erect any sign pursuant to this paragraph until
donations from private sources covering those costs are received and
the local agency makes a determination that the proposed signing
should be implemented.  A local authority may, however, utilize any
other funds available to it to pay for the erection of those signs.
   (b) This section shall become operative on March 1, 2001.



22353.  When conducting an engineering and traffic survey, the City
of Norco, in addition to the factors set forth in Section 627, may
also consider equestrian safety.



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.



22354.5.  (a) Whenever the Department of Transportation determines,
upon the basis of an engineering and traffic survey, to increase or
decrease the existing speed limit on a particular portion of a state
highway pursuant to Section 22354, it shall, prior to increasing or
decreasing that speed limit, 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 speed limit.



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 speed limits,
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 speed limits 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 speed limit.  The speed limit upon the freeway at a
particular time and place shall be that which is then and there
displayed upon such sign.



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 65 miles per
hour 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 65
miles per hour, the Department of Transportation, with the approval
of the Department of the California Highway Patrol, may declare a
higher maximum speed of 70 miles per hour 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 70 miles per hour, as posted.
   (c) This section shall become operative on the date specified in
subdivision (c) of Section 22366.



22357.  (a) Whenever a local authority determines upon the basis of
an engineering and traffic survey that a speed greater than 25 miles
per hour 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 a prima facie limit of 25 miles per
hour, the local authority may by ordinance determine and declare a
prima facie speed limit of 30, 35, 40, 45, 50, 55, or 60 miles per
hour or a maximum speed limit of 65 miles per hour, whichever is
found most appropriate to facilitate the orderly movement of traffic
and is reasonable and safe.  The declared prima facie or maximum
speed limit shall be effective when appropriate signs giving notice
thereof are erected upon the street and shall not thereafter be
revised except upon the basis of an engineering and traffic survey.
This section does not apply to any 25-mile-per-hour prima facie limit
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.
   (b) This section shall become operative on the date specified in
subdivision (c) of Section 22366.



22357.1.  Notwithstanding Section 22357, a local authority may, by
ordinance or resolution, set a prima facie speed limit of 25 miles
per hour 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.  The
25 mile per hour speed limit shall be effective when signs giving
notice of the speed limit are posted.



22358.  (a) Whenever a local authority 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 any street
other than a state highway where the limit of 65 miles per hour is
applicable, the local authority may by ordinance 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 limit shall be effective when appropriate signs
giving notice thereof are erected upon the street.
   (b) This section shall become operative on the date specified in
subdivision (c) of Section 22366.



22358.3.  Whenever a local authority determines upon the basis of an
engineering and traffic survey that the prima facie speed limit of
25 miles per hour in a business or residence district or in a public
park on any street having a roadway not exceeding 25 feet in width,
other than a state highway, is more than is reasonable or safe, the
local authority may, by ordinance or resolution, determine and
declare a prima facie speed limit of 20 or 15 miles per hour,
whichever is found most appropriate and is reasonable and safe.  The
declared prima facie limit shall be effective when appropriate signs
giving notice thereof are erected upon the street.



22358.4.  Whenever a local authority determines upon the basis of an
engineering and traffic survey that the prima facie speed limit of
25 miles per hour established by paragraph (2) or (3) of subdivision
(b) of Section 22352 is more than is reasonable or safe, the local
authority may, by ordinance or resolution, determine and declare a
prima facie speed limit of 20 or 15 miles per hour, whichever is
justified as the appropriate speed limit by such survey.  The
ordinance or resolution shall not be effective until appropriate
signs giving notice of the speed limit are erected upon the highway
and, in the case of a state highway, until the ordinance is approved
by the Department of Transportation and the appropriate signs are
erected upon the highway.



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.



22359.  With respect to boundary line streets and highways where
portions thereof are within different jurisdictions, no ordinance
adopted under Sections 22357 and 22358 shall be effective as to any
such portion until all authorities having jurisdiction of the
portions of the street concerned have approved the same.  This
section shall not apply in the case of boundary line streets
consisting of separate roadways within different jurisdictions.



22360.  (a) Whenever a local authority 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 highway
other than a state highway for a distance of not exceeding 2,000 feet
in length between districts, either business or residence, the local
authority may determine and declare a reasonable and safe prima
facie limit thereon lower than 65 miles per hour, but not less than
25 miles per hour, which declared prima facie speed limit shall be
effective when appropriate signs giving notice thereof are erected
upon the street or highway.
   (b) This section shall become operative on the date specified in
subdivision (c) of Section 22366.



22361.  On multiple-lane highways with two or more separate roadways
different prima facie speed limits may be established for different
roadways under any of the procedures specified in Sections 22354 to
22359, inclusive.


22362.  It is prima facie a violation of the basic speed law for any
person to operate a vehicle in excess of the posted speed limit 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 speed limit applicable therein, are
placed by such agency within 400 feet of each end of such zone.  The
signs shall display the figures indicating the applicable limit,
which shall not be less than 25 miles per hour, 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 speed limit 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 a prima facie speed limit of
40, 35, 30, or 25 miles per hour, 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 speed limits for the
various lanes of traffic, the department may place signs upon the
state highway, or any portion thereof.  The signs shall designate the
speed limits 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 a prima facie speed limit 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 prima
facie speed limit shall be effective when appropriate signs giving
notice thereof are erected along the road.



22366.  (a) Whenever the Director of Transportation determines the
date upon which the state may establish a maximum speed limit of 65
miles per hour on highways without subjecting the state to a
reduction in the amount of federal aid for highways, the director
shall notify the Secretary of State of that determination.
   (b) The notice required under subdivision (a) shall state that it
is being made pursuant to this section.
   (c) The notice shall specify a date which is either the date
determined pursuant to subdivision (a), or a later date designated by
the director.






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