Speed Limits in California
We know many people are confused by California’s Speed Limit laws. Our Sacramento car accident lawyers deal with speeding related accidents on a regular basis. That’s why in this blog post, we explain:
- California’s basic speed law
- Absolute speed limit and;
- “Prima Facie” speed limits
- California’s Minimum Speed Limit Laws
Let’s begin.
California’s Basic Speed Law
Vehicle Code 22350 is commonly known as California’s “basic speeding law.” It is the law requiring drivers to operate their vehicles at reasonable, safe speeds under normal conditions. However, the meaning of “safe” and “reasonable” can change with driving conditions. Rain, rush-hour traffic, or changes in road conditions may all be valid reasons to reduce speed.
Under the basic speeding law, drivers must adjust their speeds based on these and other conditions:
- The presence of pedestrians or bicyclists
- The presence of animals
- Proximity to railroad crossing
- Slippery or wet road surfaces
- Reduced visibility, such as from fog, smog, smoke, other natural conditions, or other view obstructions
- Sun glare, excessive sunlight, or the presence of other bright lights
- Traffic congestion
Here’s what the basic speeding law comes down to:
Drivers must make necessary speed adjustments when traveling in all conditions. Whether in crowded city areas, business districts, residential streets, remote and rural areas, or when driving over a hill. For example: Drivers must be aware that driving at 65 mph on a freeway may be allowable on a clear morning, but would be a violation of the law in other conditions.
| Law / Code Section | Core Requirement | Conditions That May Require Lower Speed |
|---|---|---|
| Vehicle Code §22350 California’s “Basic Speeding Law” |
Drivers must operate at reasonable and safe speeds given existing conditions. “Safe” and “reasonable” change with weather, traffic, road surface, visibility, etc. | • Presence of pedestrians or bicyclists • Presence of animals • Proximity to railroad crossings • Slippery or wet road surfaces • Reduced visibility (fog, smog, smoke, sun glare) • Traffic congestion |
Absolute Speed Limit (Vehicle Code 22356)
When drivers break absolute speed limits, they automatically violate speed limit laws. Absolute speed limits prohibit drivers from operating their vehicles at speeds higher than those permitted by law.
Freeway and Highway Speed Limits
Under Vehicle Code 22356, California’s drivers must obey the following speed limits:
- 70 miles per hour (mph) on freeways marked with this rate
- 65 mph on freeways or other highways not marked with the 70 mph limit
- 55 mph on undivided highways with two lanes unless these highways have higher speed limits posted
Drivers exceeding these limits are automatically recognized as speeding and in violation of the vehicle code under these “absolute” limits.
Construction Zone Speed Limits (Vehicle Code 22362)
It is also illegal for drivers to speed in construction zones under Vehicle Code 22362. Often construction zones have specific speed limits posted, sometimes as low as 25 mph. If drivers exceed the limit within 400 feet of a construction zone, they can be charged with a violation of this code.
| Type of Limit | Code Section(s) | Speed Limit (mph) | Key Details |
|---|---|---|---|
| Absolute Speed Limits (Freeway/Highway) | VC §22356 | 70 mph on marked freeways 65 mph on other freeways/highways 55 mph on undivided two-lane highways (unless posted higher) |
Exceeding these limits is an automatic violation — no need to prove unsafe conditions. |
| Construction Zones | VC §22362 | As posted (often 25 mph or lower) | Illegal to exceed posted construction zone speed within 400 feet of the zone. |
Prima Facie Speed Limits (Vehicle Code 22352)
California also has prima facie speed limits. These “presumed” limits are established in Vehicle Code 22352. Under this law, unless otherwise posted, drivers must obey the prima facie speed limits. Driving over the limit in prima facie areas does not come with an automatic violation.
Railroad Crossing Limits
- 15 mph at railroad crossings, while driving through alleys, and in highway intersections that do not allow 100 feet of visibility for approaching vehicles
Residential Speeding Limits
- 25 mph in residential and business districts
School Zone Limits and Senior Center Limits
- 25mph “when approaching or passing a school building or grounds,” or when “passing a senior center or another facility primarily used by senior citizens”
| Prima Facie Limit (Presumed) | Code Section | Speed Limit (mph) | Notes / Exceptions |
|---|---|---|---|
| Railroad crossings, alleys, & certain intersections | VC §22352 | 15 mph | Applies at railroad crossings, while driving through alleys, and at highway intersections with less than 100 ft visibility. |
| Residential & business districts | 25 mph | Unless otherwise posted. Applies to streets with homes, shops, schools, or high pedestrian traffic. | |
| School zones & senior centers | 25 mph | When approaching or passing school buildings/grounds, or senior centers/facilities primarily for seniors. |
California’s Minimum Speed Limit Laws
Too-slow drivers can cause those around them to have to slam on their brakes, swerve to avoid a collision, and create other dangerous scenarios. California’s minimum speed limit laws work to prevent these situations, specifically through Vehicle Code 22400, included in California’s “other speed laws.”
This law states drivers cannot drive so slowly that they block or slow the regular flow of traffic.
The reduced speed is only allowed if it is necessary for safely operating the vehicle, navigating the road grade, or complying with the law. The minimum speed law also prohibits drivers from stopping on a highway unless they need to in order to safely operate the vehicle or to comply with the law.
Determining whether a driver’s speed is so slow as to incur a violation requires consideration of the specific circumstances, including:
- The maximum speed limit, as posted
- Weather conditions
- Traffic conditions
- Roadway and driving conditions
- The number of lanes on the highway
- The time of day
| Law / Code Section | Requirement | When Slow Speed is Permitted | Factors to Determine Violation |
|---|---|---|---|
| Vehicle Code §22400 Minimum Speed Law |
Drivers cannot drive so slowly that they block or impede the normal and reasonable flow of traffic. | Only if reduced speed is necessary for safe operation (e.g., steep grade, poor conditions) or to comply with law. | • Posted maximum speed limit • Weather & visibility • Traffic density • Road conditions & number of lanes • Time of day |
Comparing Absolute, Posted, and Prima Facie Speed Limits
| Situation / Location | Speed Limit (mph) | Legal Basis |
|---|---|---|
| Freeway with 70 mph posting | 70 (absolute max) | VC §22356 |
| Other freeway or highway (no 70 sign) | 65 (absolute max) | VC §22356 |
| Undivided two-lane highway (default) | 55 (absolute max) | VC §22356 |
| Construction zone (within 400 ft) | As posted (e.g., 25) | VC §22362 |
| Railroad crossing / alley / blind intersection | 15 (prima facie) | VC §22352 |
| Residential or business district | 25 (prima facie) | VC §22352 |
| School zone (when children present or posted) | 25 (prima facie) | VC §22352 |
| Senior center zone | 25 (prima facie) | VC §22352 |
When someone else violates a speeding law and leaves you or someone you love injured or killed, you deserve serious compensation. The California car accident lawyers at Curtis Legal Group are “Heavy Hitters™” and will fight tirelessly to get you the financial and emotional justice you need to recover and move forward. Call or send a message to set up a free consultation with an experienced, compassionate, and bold attorney who will manage your case with skill from start to finish.