Prima Facie Speed Limit

What is a Prima Facie Speed Limit ticket?

CVC 22352 sets prima facie speed limits that apply unless changed as authorized in the Vehicle Code and, if changed, only when signs have been erected giving notice. Under 22352(a), the limit is 15 miles per hour (1) when traversing a railway grade crossing if, during the last 100 feet of the approach, the driver does not have a clear and unobstructed view of the crossing and of any traffic on the railway for 400 feet in both directions, unless a flagperson is on duty or a crossing signal is installed but does not then indicate an approaching train; (2) when traversing an intersection if, during the last 100 feet of the approach, the driver does not have a clear and unobstructed view of the intersection and of traffic on all the highways entering it for 100 feet along them, except at an intersection protected by stop or yield signs or controlled by signals; and (3) on any alley. Under 22352(b), the limit is 25 miles per hour on any highway in a business or residence district unless a different speed is set under the Vehicle Code, near posted schools while children are going to or leaving the school during school hours or the noon recess, near unfenced school grounds in use by children where the highway is posted with a "SCHOOL" sign, and when passing a posted senior center on a street other than a state highway.

What the Law Says

The prima facie limits are as follows and shall be applicable unless changed as authorized in this code and, if so changed, only when signs have been erected giving notice thereof: (a) Fifteen miles per hour: (1) When traversing a railway grade crossing, if, during the last 100 feet of the approach to the crossing, the driver does not have a clear and unobstructed view of the crossing and of any traffic on the railway for a distance of 400 feet in both directions along the railway. This paragraph does not apply in the case of any railway grade crossing where a human flagperson is on duty or a clearly visible electrical or mechanical railway crossing signal device is installed but does not then indicate the immediate approach of a railway train or car. (2) When traversing any intersection of highways, if, during the last 100 feet of the driver’s approach to the intersection, the driver does not have a clear and unobstructed view of the intersection and of any traffic upon all of the highways entering the intersection for a distance of 100 feet along all those highways, except at an intersection protected by stop signs or yield right-of-way signs or controlled by official traffic control signals. (3) On any alley. (b) Twenty-five miles per hour: (1) On any highway in any business or residence district unless a different speed is determined by local authority or the Department of Transportation under procedures set forth in this code. (2) When approaching or passing a school building or the grounds thereof, contiguous to a highway and posted with a standard “SCHOOL” warning sign, while children are going to or leaving the school either during school hours or during the noon recess period. The prima facie limit shall also apply when approaching or passing any school grounds which are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a standard “SCHOOL” warning sign. For purposes of this subparagraph, standard “SCHOOL” warning signs may be placed at any distance up to 500 feet away from school grounds. (3) When passing a senior center or other facility primarily used by senior citizens, contiguous to a street other than a state highway and posted with a standard “SENIOR” warning sign. A local authority may erect a sign pursuant to this paragraph when the local agency makes a determination that the proposed signing should be implemented. A local authority may request grant funding from the Active Transportation Program pursuant to Chapter 8 (commencing with Section 2380) of Division 3 of the Streets and Highways Code, or any other grant funding available to it, and use that grant funding to pay for the erection of those signs, or may utilize any other funds available to it to pay for the erection of those signs, including, but not limited to, donations from private sources. (c) This section shall remain in effect until January 1, 2031, and as of that date is repealed.

What the Officer Must Prove

1. 1You were driving in a place where CVC 22352 sets a prima facie limit (15 or 25 miles per hour, as listed there)
2. 2Your speed was greater than that limit

Arguments Commonly Raised for Prima Facie Speed Limit

General information: arguments drivers commonly raise for this code section. Whether any applies depends on your own facts.

Frequently Asked Questions About Prima Facie Speed Limit

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