Prima facie speed limits: rural roads.

Existing law establishes prima facie speed limits, including 15 miles per hour and 25 miles per hour, for various circumstances relating to traversing a railway grade crossing, approaching or passing a school building, and passing a senior center, among others. A violation of the Vehicle Code is a crime. This bill would establish a prima facie speed limit of 40 miles per hour when driving on a road designated by a local governing body as a rural road, other than a state highway, as specified. Because the bill would create a new crime, it would impose a state-mandated local program. Existing law prohibits a peace officer or other person from using a speed trap in arresting, or participating in the arrest of, any person for any alleged violation of the Vehicle Code. Existing law prohibits the use of a speed trap in securing evidence as to the speed of any vehicle for the purpose of an arrest or prosecution under the Vehicle Code. Existing law defines a speed trap as, among other things, a particular section of a highway with a prima facie speed limit that is provided by the Vehicle Code or by local ordinance if that prima facie speed limit is not justified by an engineering and traffic survey, as specified, and enforcement of the speed limit involves the use of radar or any other electronic device that measures the speed of moving objects. Existing law exempts local streets, roads, or school zones from the application of these provisions. This bill would make the definition of speed trap inapplicable to a rural road, as described above. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.