4. Federal and State Guidelines on Safe Speeds for Local Governments
There is growing consensus among academic researchers and across various levels of government around using the Safe System and Safe Speeds approach to set speed limits to address traffic safety. Local jurisdictions in California have been constrained by state law and policy guidelines that require the use of the 85th percentile speed as the first step in setting speed limits in many instances. While the 85th percentile speed continues to be a starting point for speed limit setting in California, recent state legislation expands upon the existing methodology in speed limit setting by giving local jurisdictions more factors to consider in addition to the 85th percentile when setting speed limits.
Local vs. State Control of Roadways
An important component of the speed limit setting process is determining which entity is responsible for the road under consideration. Roads are generally classified as locally-controlled roads or state-controlled roads. State-controlled roads, or roads on the “State Highway System” are generally highways and other arterials that have relatively higher speed limits and carry traffic between multiple municipalities. State-controlled roads are generally managed by the statewide department of transportation, which is Caltrans in California. In contrast, locally-controlled roads generally tend to carry relatively smaller volumes of traffic when compared to state highways and tend to begin and end within the boundaries of the governing jurisdiction. While state-controlled roads generally tend to carry larger volumes of traffic, there is a wide range of road types that qualify as “locally-controlled roads,” and these can range from larger arterials, to mid-sized collectors, to the smallest volume roads which are called “local roads.” Every California road designation can be viewed on the Caltrans California Road System Map
Responsibilities for maintenance and operations on certain segments of state-controlled roads may, in some cases, be relinquished to local jurisdictions. This is more commonly seen on state-controlled roads that cross through large cities such as Los Angeles or Sacramento. Occasionally, state-controlled roads may be referred to as “county roads” if a county is responsible for managing the road or a section of it. While certain segments of state-controlled roads may be colloquially referred to as “local roads” by residents if the state has relinquished responsibility over that section to a local jurisdiction, we will refer to these sections of state-owned roads under local governance as “locally-maintained state roads” rather than “local roads” to enhance clarity.
Local Speed Limit Setting in California & Recent Legislation
Local jurisdictions in California are generally constrained in their ability to set speed limits by state laws and regulations, including provisions in the California Vehicle Code, California Manual on Uniform Traffic Devices (California Department of Transportation 2023), and guidance from the California Manual for Setting Speed Limits (CMSSL 2020). It is important to note that, as of December 2023, the CMSSL has not yet been updated to incorporate the latest legislation pertaining to speed limit setting (such as AB 43 and AB 1938) but still provides important information about the speed limit setting process.
The requirements and guidance across the CVC, CA MUTCD and CMSSL include context-specific prima facie speed limits, Engineering and Traffic Study (E&TS) procedures, allowable deviations from the 85th percentile speed, signage requirements, and radar enforceability. An important exception to these requirements relate to local roads (as defined under the California Road System maps), which do not require an E&TS to designate a speed limit and are assigned speed limits deemed appropriate by local transportation engineers.
In addition to local roads, which do not require an E&TS, some corridors qualify for prima facie speed limits, which are speed limits that are designated by law for certain types of roadways (e.g., alleys, school zones, senior zones). Many of these prima facie speed limits apply even in the absence of actual speed limit signage. Some roads have a prima facie speed limit of 25 mph (such as those in senior zones, school zones and business activity districts), and are therefore excluded from certain speed trap provisions (CVC § 40802).
Outside of local roads and prima facie zones, opportunities to comprehensively lower speed limits without an 85th percentile speed-based E&TS are limited. Importantly, roads that carry higher volumes, such as arterial or collector roads, still do require speed limits based on the 85th percentile speed through an E&TS when no prima facie speed is designated. These high-volume roadways in urban settings are more likely to be on a jurisdiction’s High Injury Network due to higher serious injury and fatal crash incidence. Local jurisdictions may find safe speed limit setting and protecting vulnerable users especially challenging on these roadways when prevailing driver speeds are higher than is safe for all roadway users.
Recent state legislation (AB 43, AB 1938 and AB 321) has given local jurisdictions more flexibility in setting speed limits on their locally-controlled roads in three major ways:
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The creation of new prima facie zone legislation allowing lower speed limit designations in business activity districts and certain school zones.
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Granting local jurisdictions the ability to further lower speed limits in certain safety-related settings relative to 85th percentile speeds measured during the E&TS process.
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Granting local jurisdictions the ability to retain current speed limits or restore the immediately prior speed limit on a corridor, especially if it was raised in the past 10 years, even if the current E&TS shows a higher 85th percentile speed.
Federal Policy Direction
In 2022, the US Department of Transportation’s National Roadway Safety Strategy (USDOT 2022) adopted the Safe System approach as a guiding paradigm to address traffic fatalities and serious injuries nationwide. One of the action areas led by the Federal Highway Administration (FHWA) is to “promote safer speeds for all users through context-appropriate speed limits, road designs, and other practices” (USDOT 2022).
Currently, the CA MUTCD recommends using “the 85th percentile rule” to set speed limits but is in the process of being updated to reflect changes allowed by recent state legislation that give local jurisdictions more flexibility to deviate from the 85th percentile speed. This is critical because the National Transportation Safety Board (NTSB) found that relying on the 85th percentile speed to change speed limits in high-speed zones results in “higher operating speeds and new, higher 85th percentiles in the speed zones, and an increase in operating speeds outside the speed zones” (Grembek et al. 2020, 54; California Department of Transportation 2023; NTSB 2017). The NTSB recommended incorporating the Safe System approach for urban roads to strengthen protection for vulnerable users (NTSB 2017).
A new 11th Edition of the Federal MUTCD was issued in December 2023. It expanded upon the approach for setting speed limits, emphasizing the need to consider the roadway context, especially in urban areas where the 85th percentile speed is higher than the desired speed limit due to the presence of vulnerable road users. This new edition downgraded many of the guidelines (“should” statements in the prior version) to “support” statements (i.e., information to consider). The Federal MUTCD does not have force or authority in California. The State is granted two years to adopt the Federal MUTCD or to amend the State MUTCD to be consistent with the Federal version. It is unknown how this process may unfold in California, but State law requirements for setting speed limits generally cannot be nullified by contrary provisions of the Federal MUTCD.
Caltrans Director’s Policy and the 2020-24 Strategic Highway Safety Plan
In 2022, Caltrans issued Director’s Policy 36, which adopts the Safe System Approach as the framework for achieving the vision to eliminate fatalities and serious injuries on California’s roadways by 2050 (State of California 2022). This policy directs all Caltrans divisions to align their practices with and promote the implementation of the Safe System approach (State of California 2022).
Caltrans’ 2020-24 Strategic Highway Safety Plan incorporates the Safe System approach as a guiding principle to addressing various High Priority Challenge Areas, including Speed Management/Aggressive Driving and Active Transportation Safety (California Department of Transportation 2023). Specifically, the Implementation Plan for Speed Management and Aggressive Driving called for implementing a new roadway-based, context-sensitive approach to establish speed limits in California that prioritizes the safety of all road users (California Department of Transportation 2023).
Zero Traffic Fatalities Task Force
In 2019, the California State Transportation Agency (CalSTA) established the Zero Traffic Fatalities Task Force (ZTFTF) under AB 2363 to develop policy recommendations for reducing statewide traffic fatalities to zero (California State Transportation Agency 2023). The task force assessed the current procedures for setting speed limits in California, which rely on “the 85th percentile rule,” and recommended greater flexibility for local jurisdictions to set speed limits.
One of the ZTFTF’s long-term recommendations is to develop a new roadway-based context sensitive approach to establish speed limits that prioritizes the safety of all road users. In the meantime, the report also recommended various changes to speed limit setting, such as increasing the reduction allowance for posted speed limits to allow for greater deviations from the 85th percentile speed. Some of these recommendations have been incorporated into recent legislation that prioritizes multimodal safety and provides local jurisdictions with greater flexibility in setting speed limits on roads within their control and are currently in the process of being implemented into the upcoming newest edition of the CA MUTCD.