Forum Discussion
djedgar
Dec 21, 2014Explorer
Golden HVAC/Fred, I would sure be curious where you heard: "Congress wrote the speed limit laws around 1973 - 75. At the time, it was proven that new tires are about 5% taller than a used tire or one that is under inflated. So Congress declared that anyone patrolling a Interstate highway must give you 10% above the posted speed limit before being able to declare you speeding. So if you are going 60, you can safely claim your speedometer read 55, and you thought you where OK! "
Congress (Federal Govt) does not write speed limit laws and there is no legislation that says officers must give you any particular percent of speed over the posted limit. California has been been using the same rectified vehicle code since 1960, with at least annual revisions.
Your explanation of lane use (covered in VC 22348(c)) is essentially correct. Vehicles towing anything cannot use the car pool lanes, nothing to do with which lane it is.
David Bishop's rule of thumb of how long you can be in different lanes is not codified in the law. The lane use section {VC 22348(c)} does not apply when you need to get in the left lane to make a turn or an exit.
quoted from the Calif Veh Code: "This subdivision does not apply to a driver who is preparing for a left or righthand 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 righthand lane to continue on his or her intended route."
So doing what you feel is reasonable considering the traffic and your familiarity with the route, you should be able to explain to an officer if stopped why you were where you were. If still cited, you have another chance to explain why what you were doing was reasonable. Specific miles references are not in the statute.
I agree with Fred's opinion that most officers are looking for dangerous driving and not as concerned with a few mph over a speed limit if vehicles are leaving space between vehicles and able to keep up a steady flow while minimizing the need to pass other vehicles.
Congress (Federal Govt) does not write speed limit laws and there is no legislation that says officers must give you any particular percent of speed over the posted limit. California has been been using the same rectified vehicle code since 1960, with at least annual revisions.
Your explanation of lane use (covered in VC 22348(c)) is essentially correct. Vehicles towing anything cannot use the car pool lanes, nothing to do with which lane it is.
David Bishop's rule of thumb of how long you can be in different lanes is not codified in the law. The lane use section {VC 22348(c)} does not apply when you need to get in the left lane to make a turn or an exit.
quoted from the Calif Veh Code: "This subdivision does not apply to a driver who is preparing for a left or righthand 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 righthand lane to continue on his or her intended route."
So doing what you feel is reasonable considering the traffic and your familiarity with the route, you should be able to explain to an officer if stopped why you were where you were. If still cited, you have another chance to explain why what you were doing was reasonable. Specific miles references are not in the statute.
I agree with Fred's opinion that most officers are looking for dangerous driving and not as concerned with a few mph over a speed limit if vehicles are leaving space between vehicles and able to keep up a steady flow while minimizing the need to pass other vehicles.
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