View Single Post
Old 10-22-11 | 05:29 AM
  #99  
sudo bike's Avatar
sudo bike
Bicikli Huszár
 
Joined: Jan 2010
Posts: 2,116
Likes: 0
From: Fresno, CA

Bikes: '95 Novara Randonee

Originally Posted by AlmostTrick
I didn't respond to that requirement because as you point out, the law is clear and I agree with your interpretation of it. My issue is with drivers ignoring the maximum speed limit, and then sometimes making up their own rules on why it is allowed.
Ah. Well, this is one limited case I think it is actually true. I don't think this applies to the vast majority of situations.

When looking at the code I noticed plenty of guidelines and restrictions on who can/can not set speed limits and to what level, so no, "they" cannot just set it to any amount they please. I also noticed restrictions on setting the limits. I may look back at it later when I have time.
That's my point, actually, that the State must prove the speed limit is a prudent guideline of safety, and this is normally done with an engineering survey. If that doesn't exist, there is no "teeth" to the limit and it's considered a speed trap.

To tl;dr, the speed limit has to be backed with a traffic engineering survey. If it isn't, the limit can be contested, and so can tickets resulting from it.
sudo bike is offline  
Reply