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Speed limits are set by state code
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Posted by editor Fri Apr 7, 2006 17:11:44 PDT
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0 responses 0 comments Recently there have been concerns raised regarding the speed limits that have been set on several roads within the Golden Hills area near Tehachapi. These roads are currently maintained by the Kern County Roads Department. These speed limits have been determined by the Roads Department and been adopted by Ordinance of the Kern County Board of Supervisors. Following is an explanation of the procedure for establishing speed limits on roadways.

The procedure that we use for establishing speed limits on County maintained roads is dictated by the California Vehicle Code. Section 22349 of the Vehicle Code states that the speed limit on a two-lane, undivided road is 55 miles per hour. Section 22352 states that the speed limit on a highway other than a State Highway is 25 mph within a “business or residence district”. A business district is defined as that portion of a roadway along which 50 percent or more is occupied by buildings in use for business.

A residence district is defined as that portion of a highway along which there are thirteen or more residences along one side of the roadway or 16 or more residences along both sides within one quarter of a mile. Because of the lot sizes within Golden Hills, very few roads meet the definition of residence districts.  Unfortunately, Red Apple Avenue, Westwood Boulevard, and White Pine Drive do not meet the requirement for consideration as a residence district.

However, Section 22358 of the Vehicle Code allows a decrease of the speed limit from the aforementioned 55 mph on local (County maintained) roads. This speed limit must be based on an “engineering and traffic survey”. If the speed limit is not based on an engineering and traffic survey, the speed limit would constitute a “speed trap” and could not be enforced by the California Highway Patrol. The engineering and traffic survey is defined as “a survey of highway and traffic conditions in accordance with methods determined by the Department of Transportation for use by state and local authorities.”

The study must include consideration of prevailing speeds, accident records and conditions not readily apparent to a driver. An engineering and traffic study must be completed for the roadway every five years.

To determine the prevailing speed as required by the Department of Transportation, the County must perform a speed survey. To do this, we measure and record the speed of a sampling of vehicles using a radar gun. These speed surveys are performed during off-peak periods, when the traffic is flowing more freely.

From this data, we determine the 85th percentile speed, which is the speed that 85 percent of motorists drive at or below. Per the methods determined by the Department of Transportation, the speed limit is then established at the 5 mph increment below this 85th percentile. In addition to prevailing speed, the Roads Department performs a visual inspection of the roadway to determine if there are conditions not readily apparent to motorists. Examples of conditions such as this are vertical curves, narrow travel lanes or large numbers of pedestrians.

We also review the accident rate along the road to determine if it is higher than expected when compared to a similar type of roadway. If either the accident history is high or there exist conditions not readily apparent to motorists, the speed limit based on 85th percentile speed could be dropped an additional 5 mph. If the speed limit is not determined in the above manner, any tickets issued by the California Highway Patrol will be dismissed from court.

The speed limits on Westwood Boulevard, Red Apple Avenue, White Pine Drive as well as Mariposa Drive have been established in this manner. It is understood that many residences do not concur with the established speed limits; however, the only way to get drivers to slow down is by enforcement by the California Highway Patrol. Artificially lowered speed limits that cannot be enforced will not reduce the speeds of motorists.

Another recent concern has been illegal passing over double yellow striping or within two-way turn lanes. This is also an enforcement issue. The California Highway Patrol has been contacted regarding this concern as well as the concern with speeding.

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