Speeding violation question in PA

[AmyAmy]

What is the name of your state (only U.S. law)? PA

Can you be cited for speeding if you are turning onto a new road at a 4 way intersection and there are no posted speed limit signs between the area from where you turned onto that road and to where the officer is sitting as long as you are traveling under 55mph? Note: PA's maximum speed limit is 55mph unless otherwise posted, according to signs as you enter the state.

 

[racer72]

What is the name of your state (only U.S. law)? PA

Can you be cited for speeding if you are turning onto a new road at a 4 way intersection and there are no posted speed limit signs between the area from where you turned onto that road and to where the officer is sitting as long as you are traveling under 55mph? Note: PA's maximum speed limit is 55mph unless otherwise posted, according to signs as you enter the state.

Depends on the type of road. The maximum is 55 on highways, the statutory limit is 35 or 25 mph on most other roads. Yes, you can be cited for speeding.

§ 3362. Maximum speed limits.
(a) General rule.--Except when a special hazard exists that
requires lower speed for compliance with section 3361 (relating
to driving vehicle at safe speed), the limits specified in this
section or established under this subchapter shall be maximum
lawful speeds and no person shall drive a vehicle at a speed in
excess of the following maximum limits:
(1) 35 miles per hour in any urban district.
(1.1) 65 miles per hour for all vehicles on freeways
where the department has posted a 65-miles-per-hour speed
limit.
(1.2) 25 miles per hour in a residence district if the
highway:
(i) is not a numbered traffic route; and
(ii) is functionally classified by the department as
a local highway.
(2) 55 miles per hour in other locations.
(3) Any other maximum speed limit established under this
subchapter.

 

[AmyAmy]

Thanks for the info Racer!

 

[AmyAmy]

Depends on the type of road. The maximum is 55 on highways, the statutory limit is 35 or 25 mph on most other roads. Yes, you can be cited for speeding.

§ 3362. Maximum speed limits.
(a) General rule.--Except when a special hazard exists that
requires lower speed for compliance with section 3361 (relating
to driving vehicle at safe speed), the limits specified in this
section or established under this subchapter shall be maximum
lawful speeds and no person shall drive a vehicle at a speed in
excess of the following maximum limits:
(1) 35 miles per hour in any urban district.
(1.1) 65 miles per hour for all vehicles on freeways
where the department has posted a 65-miles-per-hour speed
limit.
(1.2) 25 miles per hour in a residence district if the
highway:
(i) is not a numbered traffic route; and
(ii) is functionally classified by the department as
a local highway.
(2) 55 miles per hour in other locations.
(3) Any other maximum speed limit established under this
subchapter.

Racer, Can you tell me what this means? I found the PA Vehicle code you posted and the next thing under that is the following.

(b) Posting of speed limit.--
(1) No maximum speed limit established under subsection
(a)(1), (1.2) or (3) shall be effective unless posted on
fixed or variable official traffic-control devices erected in
accordance with regulations adopted by the department which
regulations shall require posting at the beginning and end of
each speed zone and at intervals not greater than one-half
mile.

Is that saying that they must have Speed Limit signs posted?

 

[FlyingRon]

The 55 and 65 limits as specified in 1.1 and 2 do not need to be posted. The others do.

But note, the requirement is only to post it at the beginning of the zone and at half mile intervals. It's quite possible that you can turn on the road and go a half mile before finding the (provided the speed zone started before the intersection). You're expected to know that urban and residential districts can have lower speed limits and lay off the accelerator until you figure it out.

 

[AmyAmy]

The 55 and 65 limits as specified in 1.1 and 2 do not need to be posted. The others do.

But note, the requirement is only to post it at the beginning of the zone and at half mile intervals. It's quite possible that you can turn on the road and go a half mile before finding the (provided the speed zone started before the intersection). You're expected to know that urban and residential districts can have lower speed limits and lay off the accelerator until you figure it out.

Hmmm, I'll have to go back and check the area. I went back and took pictures and the speed limit sign is before the 4 way intersection that I turned at and I don't think there is another sign within 1/2 mile. In fact I don't think the next speed limit sign is until you are out of town and it's 55mph. Also, the area where I was clocked was right at the end of as you're leaving the small town. Sounds like a classic speed trap area, but I think I may fight it.

Thanks for the info!

 

[AmyAmy]

I went back and looked around the area again. I turned from a local road onto a state road at the intersection. On the state road there is a 35mph sign about 20 feet before the intersection where I turned onto the state road. There are no more speed limit signs at all on the state road after the intersection until it merges with another state road about 2 miles away. Per my ticket, the area where they say I was speeding is an urban area. (In reality it is a practically deserted town with a population of I'll bet less than 50 people) I was cited about 1/2 mile from where I turned onto the road just as you're leaving the town. So the entire time I was on that road including after I got the ticket I never saw a speed limit sign and never traveled above 55mph. Does that sound like a plausible defense or am I wasting my time?

 

[Cali408nia]

I went back and looked around the area again. I turned from a local road onto a state road at the intersection. On the state road there is a 35mph sign about 20 feet before the intersection where I turned onto the state road. There are no more speed limit signs at all on the state road after the intersection until it merges with another state road about 2 miles away. Per my ticket, the area where they say I was speeding is an urban area. (In reality it is a practically deserted town with a population of I'll bet less than 50 people) I was cited about 1/2 mile from where I turned onto the road just as you're leaving the town. So the entire time I was on that road including after I got the ticket I never saw a speed limit sign and never traveled above 55mph. Does that sound like a plausible defense or am I wasting my time?

The way I read that law, I say if your description is accurate, you have a legitimate legal argument. The law says an urban district is a 35mph speed limit max, but the next section says that can only be enforced when it's in accordance with the regulations (beginning of every new zone and no greater than 1/2 mile later). Take pictures and document everything if you are going to fight it, you need evidence.

 

[AmyAmy]

Thanks, that was my interpretation as well. I would think the speed limit sign should be after the intersection. That way no matter if you are coming straight through the intersection or turning onto that road you would see the sign. I did take a bunch of pictures. Thanks again everyone!