New Speed Limits in Los Angeles
California Assembly Bill 43 took effect on January 1, 2022 and made a number of additions and modifications to the California Vehicle Code that authorize local jurisdictions to set safer speed limits on certain streets. The most immediate opportunity for cities to set safer speed limits under this new law is below:
California Vehicle Code 22358.8 – This new provision allows local governments to resist the consistent increase in speed limits over time, known as “speed creep,” often caused inadvertently by the state’s 85th percentile law (CVC 22358.6). It specifically states:
○ If a local authority, after completing an engineering and traffic survey, finds that the speed limit is still more than is reasonable or safe, the local authority may retain the current speed limit or restore the immediately prior speed limit if that speed limit was established with an engineering and traffic study and if a registered engineer has evaluated the section of highway and determined that no additional general purpose lanes have been added to the roadway since completion of the traffic survey that established the prior speed limit.
○ A local authority is not authorized to reduce a speed limit by more than five miles per hour (mph) from the current speed limit nor below the immediately prior speed limit.
○ A local authority shall issue only warning citations for violations of exceeding the speed limit by 10 mph or less for the first 30 days that a lower speed limit is in effect.
City of Los Angeles
The City Council unanimously adopted an ordinance on February 22, 2022 amending the Los Angeles Municipal Code to change the law based on recommendations from the LA Department of Transportation to reduce speeds by 5 mph on more than 177 miles of city streets. On March 7, 2022, Mayor Garcetti signed the ordinance and thirty days after the Mayor signed the ordinance, LADOT will begin replacing speed limit signs along these streets and notifying LAPD of the new speed limits. AB 43 requires that drivers traveling 10 mph or less over the speed limit only be subject to a warning citation until 30 days after the lower speed limit is in effect.
The full list of streets that will have their speed limits lowered is available at bit.ly/3HXIGWc.
Now Accepting New Clients
Jeffery K. Rubenstein is a criminal defense attorney in Beverly Hills CA. He has successfully defended clients all over Southern California against traffic related offenses including speeding and driving under the influence. As a law professor, he has lectured extensively on constitutional law, federal criminal law, California criminal law, domestic violence, stalking and cybercrimes. Jeffery K. Rubenstein is now accepting new clients.