Lidar on road with speed limit set too low

[Howi152]

Good morning,

My wife was cited for cvc 22350 on a road with a limit of 40. I received a ticket on the same stretch of road a number of years ago and it was dismissed by the judge or commissioner due to the speed survey 85th percentile being 47mph and the limit being too low.

My question is, has the law changed regarding the use of lidar for speed enforcement on a roadway where the speed limit is set lower than 5mph of the 85th percentile?

Thanks guys! Shiny side up and I’m trying to get her to slow down.

 

[bojangle]

From CalTrans...

The 85th percentile speed is the single most influential indicator of what is safe and reasonable, and it is used to determine the speed limit by rounding to the nearest 5 mph increment, and posting the speed limit at that speed. If there are sufficient conditions not readily apparent to the driver, as determined by a registered engineer, the posted speed limit can be lowered by 5 mph, and such a decision must be clearly documented in the E&TS.

https://dot.ca.gov/programs/safety-...dely accepted method,of the traffic is moving.

So, basically, an 85th % of 47 would normally result in a speed limit of 45 MPH, but can be lowered to 40 MPH if the traffic engineers can justify it.

Keep in mind that, generally, Traffic & Engineering Surveys must be conducted on the roads requiring them every 7 years. Sometimes the recommended speed changes with a new survey. It might be worth trying to obtain a copy of the current survey and see if the recommended speed matches the posted speed in the area she was cited.

 

[TheRiddler]

It might be worth trying to obtain a copy of the current survey and see if the recommended speed matches the posted speed in the area she was cited.

I would say that's the key. The survey may be updated to match the sign now.