California governor signs speed limit rule revision

October 20, 2021

Keith Goble


A new law in California is intended to permit cities to prioritize safe speed limits.

The Golden State observes the 85th percentile speed limit rule – the speed at or below which 85% of vehicles travel in free-flowing traffic. Speed limits must be rounded to the nearest 5 mph.

Gov. Gavin Newsom has signed into law a bill to give the state flexibility to round down the 85th percentile speed limit when necessary.

The rule change permits the California Department of Transportation and local authorities, when performing an engineering and traffic survey, to consider the safety of bicyclists and pedestrians.

Specifically, AB43 authorizes a local authority that finds the speed limit is “more than reasonable or safe,” to reduce it by 5 mph by ordinance. The affected roadway must be designated as a safety corridor that generates high concentrations of vulnerable roadway users, as defined by Caltrans.

‘Outdated’ rule change

Assemblymember Laura Friedman, D-Glendale, says speed limit reform is far overdue in California. Additionally, she says the 85th percentile is “outdated” and has led locals to increase speed limits at the same time traffic fatalities continue to increase.

“It has long been believed that (the 85th percentile) is the safest way to determine street speed, but the data and rising number of traffic-related injuries and deaths suggest otherwise,” Friedman said in comments on the bill.

The California Office of Traffic Safety has found that pedestrian fatalities have been relatively steady over the past five years. Fatalities have increased from 947 to 1,021 over the time period.

Excess speed is one of the factors cited by the office.

Need for change questioned

Critics say lowering limits too much can be problematic. They add that increased speed variance also can create more conflicts and passing maneuvers.

Additionally, opponents say lowering speed limits by itself will not reduce speed. Instead, it will criminalize normal behavior and will not make streets safer. LL

More Land Line coverage of news from California is available.



Keith Goble has been covering trucking-related laws since 2000. His daily web reports, radio news and “OOIDA’s State Watch” in Land Line Magazine are the industry’s premier sources for information regarding state legislative affairs.