Is it OK to break the speed limit to keep up with traffic? What California law says

Angela Rodriguez
·3 min read
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The speed limit is posted. You’re keeping a steady foot on the gas pedal, not letting your speedometer’s needle go above or below 65 mph.

But it’s the freeway. Cars are either speeding around you or piling up behind you.

Is keeping up with the speed of traffic safer than going the speed limit and does it actually prevent traffic buildup?

We asked a driving expert and a California Highway Patrol officer what they recommended — and what’s legal. Here’s what they said:

What is California’s speed law?

In California, the Basic Speed Law requires drivers to manage their speed depending on various factors.

California Vehicle Code 22350 states, “No person shall drive a vehicle upon a highway at a speed greater than is reasonable...due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.”

Regardless of the posted speed limit, drivers should adjust their speed depending on surrounding driving factors.

According to the California Driver Handbook, these factors include:

  • Speed of other vehicles

  • Number of vehicles on the road

  • Road surface conditions

  • Presence of bicyclists or pedestrians

  • Weather conditions

  • Traffic congestion

Henning Mortensen, owner of Bond Driving School, said there is a reasonable expectation to go faster or slower than the speed limit in certain situations. These situations include bad weather conditions, safely entering a freeway or overpassing a vehicle, like a semi truck.

“However, all over the speed limit is subject to discretion of Peace officer,” Mortensen said. “But all weather conditions supersede the posted limits as in Prima Facie Speed law demonstration.”

Could you be ticketed for ‘going the speed of traffic?’

Officer Margarito Meza, spokesperson for CHP, said the one number primary collision factor of crashes that the CHP takes reports on is due to speed.

“Driving the speed limit is what is recommended, but obviously there are multiple things to take into consideration when considering one’s speed such as light or heavy traffic, weather conditions, and roadway conditions,” Meza said.

Based on driving conditions, Meza said it is much easier to drive the maximum posted speed limit in light traffic as opposed to heavy traffic.

“In heavy traffic a driver must adjust their speed to the speed of what the traffic will allow,” Meza said. “In most cases, this results in driving under the posted speed limit to avoid rear-ending another vehicle.”

Adhering to the maximum posted speed limit is the law. If drivers do not follow the signage, Meza said an officer can make an enforcement stop and issue a citation to a driver who is only going 1 mph over the posted speed limit.

“Does that necessarily mean that will happen on every occurrence? No,” Meza said. “It is at the officer’s discretion to determine what action to take.”

Is it safer to go the speed of traffic?

Based on what Mortensen said, going the speed of traffic is considered a safe practice but is subject to the fines of speed violations.

“The rule is if the speed of traffic is violating the speed limit posted or implied Prima Facie Speed law in the current situation, you should move to the furthest right lane and maintain a safe and legal speed,” Mortensen said.

If cars behind or around you are driving faster than the speed limit, you should move to the right to avoid traffic congestion.

“If drivers would maintain a constant speed and a consistent distance at all times, congestion would not occur,” Mortensen said. “Tailgating, constant lane changes and drivers going different speeds creates congestion on the road.”

Before new drivers get comfortable behind the wheel, Mortensen said he recommends they have a basic understanding of speed and space management to improve their driving experience.

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