Back in the bad ‘ol early days of the automobile, cars were viewed as dangerous, scary things, and the speed limits were established for “public safety.” This seemed reasonable, and some towns became fond of posting speed limits at artificially low speeds.
One may reasonably ask, “Why would they do such a thing?” Well, it turns out that traffic citations for speeding brought a revenue source to small town budgets, and since automobiles were viewed largely as dangerous playthings for the rich and the money would presumably mostly come from out-of-towners who weren’t aware of these artificially low speed limits, nobody got too worked up about it.
That’s where the phrase “speed trap” comes from.
The Automobile Club, formed in 1905, had roving patrols that warned motorists of a speed trap ahead with what became known as the “AA salute.” By the way, motorcyclists on the road to this day warn oncoming riders with specific hand gestures if a police unit is up ahead.
But soon the automobile became a regular person’s conveyance, especially after Henry Ford introduced the Model T in 1908. In 1900, there were 8,000 automobiles, and they were an oddity. By 1910, there were 500,000 cars on American roads, and by 1916, over two million.
Needless to say, the setting of speed limits for financial gain rather than safety was viewed by the now-driving public in a very negative light.
So, with an eye toward creating practical, enforceable, and what would be perceived as “safe” speed limits, the regulatory folks looked at past traffic engineering studies and determined that most people drive in a manner that could be considered “reasonable,” including driving at a reasonable speed.
Well, that turned out to be the 85th percentile, based on measurements of all traffic on a road in “free-flowing” conditions. It was determined that those drivers’ speeds were reasonable.
This became known as the “reasonable man theory,” also called the “reasonable person standard.” By basing speed limits on observed driver behavior rather than arbitrary ones, a defensible limit could be set, the public could rely on more rational and consistent regulations, and they could accept that speed limits are there for safety.
In California, the speed-survey-based 85th-percentile speed limit became legally entrenched by a 1959 law, passed specifically to prevent cities from posting arbitrary, low “speed-trap” limits for revenue-generating purposes.
And so that’s how speed limits were set until recently. The state of California, SANDAG, and many cities have now adopted a program started in Sweden in 1997 called “Vision Zero,” which has a noble-sounding core goal: Create a transportation system in which no one dies or suffers a serious injury from traffic crashes.
Wow. Not one death. Not one serious life-altering injury. That’s a tall order. One of Vision Zero’s principles is that higher speeds lead to more severe crashes, so we should lower speed limits. Mind you, this is a blanket statement.
A belief that has abstract and theoretical logic to it, but we don’t drive on abstract or theoretical roads. So naturally, the California Legislature took action!
In October 2021, Assembly Bill 43 was passed by the state legislature and signed into law by the governor. This new law allowed California cities and counties to set speed limits without conducting a speed study.
Yes, you read it here. This is why you can now get a speeding citation for going over 30 mph on Coast Highway between the Chesterfield Drive and the Solana Beach border. And this, on a clean, straight stretch of road largely without businesses, intersections, or driveways.
In Encinitas, our City Council LOWERED the speed limit WAY below what any speed survey would find to be the 85th percentile. Welcome to Encinitas’ new speed-trap. This is not about safety. A cynic would say it isn’t arbitrary either.
The state has a multi-billion-dollar budget deficit, and AB43, which allows this, is one way to increase revenue. How convenient.
Jerome Stocks is a former mayor and city councilman of Encinitas.
