Let’s say the speed limit on a particular highway is 65 mph.
You’re traveling along when you see one of those yellow caution signs that features a diagram of the curves ahead.
Underneath those signs, there’s usually a smaller yellow sign that’ll say something like “45 m.p.h.”
My question is, is the speed limit on the yellow sign as enforceable as the speed limit posted on the white signs? In other words, do cops issue tickets to people who exceed the speed on those signs, or is the limit more of a suggested safety limit for those who are maybe unfamiliar with mountain roads or who are driving large trucks or pulling trailers?
What I don’t understand is why they sometimes post those yellow “advisory” signs that are the same speed as the actual speed limit for that stretch of road.
You can get a ticket under the posted speed limit however. All it requires it reckless driving under adverse conditions. If you drive 55mph in a 55mph zone during a blizzard, you can get a speeding ticket and possibly a careless and reckless driving citation as well. I see nothing in theory that wouldn’t allow that for a hazardous stretch of road especially if you are driving something like an RV.
Because they know people break the speed limit in that general area by enough to make that particular stretch of road really dangerous, so they put up a sign there saying “no, really, guys…”
and/or they may decide to change the “mandatory” speed limit on that road, but the advisory limit on that curve will not likely change as the mandatory limit changes
In San Francisco, there’s a highway onramp that has a really sharp curve in it, and there’s an impromptu sign there, probably put up by the guys working in the machine shop it’s attached to, that reads “DAMMIT SLOW DOWN”.
This is the same answer I got from a state trooper when I asked the same question as the OP. If you are going faster than what is safe, in their opinion, then they can give you a ticket.
Driving my mother-in-law’s Cadillac DTS is clearly different from driving a cattle-hauling semi-trailer or even a large SUV. Can a highway patrol officer really make a decision about what is safe “in their opinion” and issue a legally-binding ticket for it? When they fill out a speeding ticket, it asks what speed the person was going and what the posted speed limit is, if I’m not mistaken. Is the yellow sign considered a “posted speed limit” in that case just because a police officer says it is? What are the chances a ticket like that would get dismissed, assuming I chose to go to court rather than pay the penalty?
It is not enforceable. If the speed limit is 65 and there is a yellow sign saying “45 m.p.h.”, you cannot get a ticket for speeding if you are going 65 m.p.h.
However, if you are going 65 in a blizzard and slipping and sliding, an officer can give you a ticket for another offense, such as unsafe driving or unsafe speed for conditions.
I think you’ll find it depends upon the state. If it has prima facie speed limits, the ticket can be for speeding (where another state might call it reckless driving, for example).
“Prima Facie Speed Limits: Numerical speed limits (statutory and posted) that, if exceeded, justify enforcement action. However, if the accused motorist’s actions can be proven to be safe, reasonable and prudent for the prevailing conditions, the charge of speeding shall be dismissed by the court of jurisdiction.”
The way I remember it being explained was, just going over the advisory limit (yet under the official posted limit) is not a speeding offense; but if you were going over the yellow-sign limit AND had an accident, you could get a ticket for speeding (in some states).
Shagnasty is more or less right. In general (and subject to the idea that each state may have its own rules on this) a trooper cannot stop you for driving safely at 55 MPH in a 55 MPH zone through an area with a recommended limit of 45 MPH. However, if you should be involved in an accident, slide off the road, are driving unsafely (sliding, hydroplaning, unable to hold your lane, etc.), etc., because you are exceeding the recommended speed, you are quite eligible to be ticketed. That’s the only circumstance where they’re enforceable, though – you are driving at a speed unsafe for road conditions, not driving at a speed in excess of the posted limits; it’s a separate offense. Otherwise, they’re advisory – they state what the traffic engineers recommend as safe, which can be legally exceeded, up to the speed limit, if your vehicle and road/weather conditions permit safe travel at a higher speed.
Polycarp is right - but be aware that “speed usafe for road conditions” is very arbitrary. You can get pulled over doing less than the recommended speed on a foggy day if the cop feels like it. It comes down to your word against his - and the courts generally favor the cop’s opinion.
There’s an interesting stretch of road near where I live. The first sign you pass says, “Speed Limit 65 - Minimum 45”. And a bit farther up the road, maybe three quarters of a mile, there’s another sign that says, “Speed Limit 45”.
So, apparently, there’s a tiny bit of road near that second sign where, if you’re not doing exactly 45, they can pull you over.
I received a hefty “speed too fast for conditions” ticket after getting into an accident on the freeway one icy winter morning, going about 45 in a 70 zone. No one else was involved, and I figured my totaled vehicle was punishment enough; the prosecutor, who had more sense than the cop, dismissed the charge.