(a) 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, by ordinance, retain the currently adopted speed limit or restore the immediately prior adopted speed limit if that speed limit was established with an engineering and traffic survey 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 that speed limit.

(b) This section does not authorize a speed limit to be reduced by any more than five miles per hour from the currently adopted speed limit nor below the immediately prior speed limit.

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Terms Used In California Vehicle Code 22358.8

  • Engineering and traffic survey: as used in this code , means a survey of highway and traffic conditions in accordance with methods determined by the Department of Transportation for use by state and local authorities. See California Vehicle Code 627
  • Highway: is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. See California Vehicle Code 360
  • traffic: includes pedestrians, ridden animals, vehicles, street cars, and other conveyances, either singly or together, while using any highway for purposes of travel. See California Vehicle Code 620

(c) A local authority shall issue only warning citations for violations of exceeding the speed limit by 10 miles per hour or less for the first 30 days that a lower speed limit is in effect as authorized by this section.

(Amended by Stats. 2022, Ch. 406, Sec. 3. (AB 1938) Effective January 1, 2023.)