California Vehicle Code § 22352 CVC – Prima Facie Speed Limits

California Vehicle Code § 22352 CVC sets the default speeding limit as 15 mph on any alley or during the last 100 feet of approaching a railway crossing or intersection. This section also sets the default speeding limit at 25 mph on any road or while passing a school or senior center.

But this law does not apply if a posted sign says otherwise.

The full text of the statute reads as follows:

22352. 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 subdivision 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.

Legal Analysis

Under California Vehicle Code 22352 CVC, there is a 15 miles per hour speed limit in the following three locations unless a sign says otherwise:

1. The last 100 feet while approaching a railway grade crossing if the driver has no clear view of the crossing and no clear view of any traffic on the railway for 400 feet in both directions;
2. The last 100 feet while entering an intersection if the driver has no clear view of the intersection and no clear view of traffic entering the intersection for 100 feet in all directions; and
3. Any alley.

Meanwhile, 22352 CVC makes the default speed limit 25 miles per hour in the following three locations unless a sign says otherwise:

1. Any road;
2. When approaching or passing school grounds while children are entering or leaving; and
3. When passing a senior center.¹

Going faster than the speed limit is typically a California infraction as long as the driving is not faster than 100 miles per hour. The base fine for traffic tickets are:

• $35 if faster than 1 to 15 miles per hour over the limit
• $70 if 16 to 25 miles per hour over the limit
• $100 if 26 miles per hour or more over the limit. ²

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Legal References