(a) The Department of Transportation shall, in the next scheduled revision, revise and thereafter maintain the California Manual on Uniform Traffic Control Devices to require the Department of Transportation or a local authority to round speed limits to the nearest five miles per hour of the 85th percentile of the free-flowing traffic.

(b) In cases in which the speed limit needs to be rounded down to the nearest five miles per hour increment of the 85th-percentile speed, the Department of Transportation or a local authority may lower the speed limit by five miles per hour from the nearest five mile per hour increment of the 85th-percentile speed, in compliance with Sections 627 and 22358.5 and the California Manual on Uniform Traffic Control Devices, as it read on March 30, 2021, if the reasons for the lower speed limit are documented in an engineering and traffic survey. The Department of Transportation or a local authority may also take into consideration Sections 22353, 22353.2, 22353.3, 22353.4, and 22353.5, if applicable.

Terms Used In California Vehicle Code 22358.6

  • Department: means the Department of Motor Vehicles except, when used in Chapter 2 (commencing with Section 2100) of Division 2 and in Divisions 11 (commencing with Section 21000), 12 (commencing with Section 24000), 13 (commencing with Section 29000), 14 (commencing with Section 31600), 14. See California Vehicle Code 290
  • Engineering and traffic survey: as used in this code , means a survey of highway and traffic conditions in accordance with methods determined by the Department of Transportation for use by state and local authorities. See California Vehicle Code 627
  • traffic: includes pedestrians, ridden animals, vehicles, street cars, and other conveyances, either singly or together, while using any highway for purposes of travel. See California Vehicle Code 620

(c) In cases in which the speed limit needs to be rounded up to the nearest five miles per hour increment of the 85th-percentile speed, the Department of Transportation or a local authority may decide to instead round down the speed limit to the lower five miles per hour increment. If the speed limit is rounded down pursuant to this subdivision, the speed limit shall not be reduced any further pursuant to subdivision (b).

(d) In addition to subdivisions (b) and (c), a local authority may additionally lower the speed limit as provided in Section 22358.7.

(e) The total reduction in the speed limit pursuant to subdivisions (a) to (d), inclusive, shall not exceed 12.4 miles per hour from the 85th percentile speed.

(f) Notwithstanding subdivisions (a) to (e), inclusive, a local authority may retain the currently adopted speed limit as provided in Section 22358.8 without further reduction, or restore the immediately prior adopted speed limit as provided in Section 22358.8 without further reduction.

(Amended by Stats. 2022, Ch. 406, Sec. 2. (AB 1938) Effective January 1, 2023.)

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