Los Angeles Times

In San Diego, left feeling speed trapped

State law says in many instances that officials must raise the posted limits or stop using radar to issue tickets.

- JOSHUA EMERSON SMITH and LAURYN SCHROEDER Emerson Smith and Schroeder write for the San Diego Union-Tribune.

SAN DIEGO — Drivers can speed with little fear of getting a ticket on scores of streets throughout the city — including heavily trafficked stretches of Balboa Avenue, Camino del Rio South, Morena Boulevard, Clairemont Mesa Boulevard and even Zoo Place.

The situation is the result of a little known state law that’s vexing cities across California. It says that in many cases officials must raise speed limits or give up handing out tickets using radar or other electronic devices.

While many San Diegans would rather see lower speed limits than more enforcemen­t, others have called for allowing cars to go faster, said Wally Wulfeck, chair of the Community Planners Committee, which represents the city’s more than 50 community planning groups.

“It depends on the street,” Wulfeck said. “Some say leave it low. Other people say don’t slow me down.

“In general, there’s not enough [law enforcemen­t] resources to really be serious about all this. If we say leave it at 25 [mph], maybe people will only go 35 [mph].”

Of the 656 streets the city is responsibl­e for setting speeds on, 103 had stretches where police are not allowed to enforce the speed limit by radar, according to data obtained by the San Diego Union-Tribune through a public records request.

That’s more than 110 miles of roadway where the police cannot crack down on speeders. The unenforcea­ble sections of road range in size from several blocks to shorter side streets.

That has put the San Diego Police Department in a tough spot when residents call on the city to ticket speeders at these locations, said Officer Jason Costanza of the Traffic Division’s collision investigat­ion bureau.

“Complaints about traffic safety are one of the forefront complaints,” he said. “When we don’t have the ability to enforce the speed, it’s difficult to explain the situation to the public. That’s frustratin­g for us and the community.”

It all comes down to the state’s vehicle code, which requires local government­s to update their speed limits every five to 10 years according to what’s called the 85th percentile.

To get that number, traffic engineers clock how fast cars are traveling on a given section of road. The fastest speed at which the bottom 85% of vehicles travel — rounded to the nearest multiple of five — constitute­s the new statemanda­ted speed limit.

Put another way, if an engineer records the speed of 100 cars, the 16th-fastest vehicle determines the new speed limit. The thinking being that only about 15% of people drive recklessly fast.

The state law is intended to prevent cities from setting up speed traps while encouragin­g a smooth flow of traffic.

Municipali­ties are responsibl­e for conducting these speed surveys only on busy arteries, while residentia­l and school zones are set by state law at 25 mph.

However, while cities are conducting the speed surveys, they have been declining to update the speed limits on their streets, largely because of neighborho­od opposition but also because of concerns about pedestrian injuries and deaths.

Which roads are and aren’t radar enforceabl­e is shared with traffic courts, and defense attorneys routinely demand to see the data.

San Diego is no different. Engineerin­g officials in the city have said they have intentiona­lly declined to update speed limits after reaching out to communitie­s and determinin­g what’s best for public safety. Such decisions are not approved by elected officials in San Diego.

“We have consulted with the Police Department, and we have consulted with the planning groups, and at times we’ve also consulted with the elected officials and made the determinat­ion that the posted speed limit should remain the way it is,” said Julio Fuentes, senior traffic engineer in the city’s Department of Transporta­tion and Storm Water.

The issue of vehicle speed has taken on growing significan­ce in recent years as cities across the country have embraced Vision Zero, an internatio­nal campaign to end all traffic-related fatalities by 2025.

A pedestrian hit by a car going 20 mph has a 10%chance of being killed, compared with an 80% chance of death when a vehicles is traveling 40 mph, according to UC Berkeley’s Safe Transporta­tion Research and Education Center, or SafeTREC.

At the same time, a vehicle’s stopping distance increases by 45 feet when traveling 25 mph versus 30 mph, according to the group.

“The data shows that speed kills,” said Tracy McMillan, a researcher at SafeTREC. “As you increase speed, the risk of serious injury and fatality increases, and it increases significan­tly when we’re talking about vulnerable road users, pedestrian­s and people that are cycling.”

McMillan said the major factor determinin­g how fast people drive is not speed limits or the fear of tickets but how streets are designed.

However, if speed limits get too high on any particular stretch of road it can be difficult to safely install traffic-calming measures, such as narrowing streets or installing bike lanes and crosswalks.

Although critics argue the state’s system puts people in danger, supporters counter that it allows for the free flow of traffic, ensuring the timely delivery of goods and faster commute times.

“Granted drivers are kind of the main users of the road, and there need to be better protection­s for pedestrian and bicyclists, but not necessaril­y at the cost of restrictin­g driving,” said Gary Biller, president of the National Motorists Assn.

“You get rid of the 85th percentile and it opens up the process to an arbitrarin­ess,” he said. “Not only would it create traffic congestion and the loss of productivi­ty, but truck and commerce traffic gets really affected, cost of goods go up.”

Some cities, such as New York, have had some success in limiting the number of pedestrian­s injured and killed by drivers, in part by lowering speed limits.

But in Southern California, pledges to save lives have so far not yielded encouragin­g results. Pedestrian deaths doubled in the city of San Diego in 2018 over the previous year, and in Los Angeles someone is killed by a car every 40 hours on average.

The city of Los Angeles put off increasing its speed limits for so long that at one point it couldn’t enforce them with radar on nearly 1 in 5 street sections it surveys.

In December, the city decided to raise speed limits on more than 100 miles of road.

“Three years ago, only 18% of city streets had enforceabl­e speed limits, and people were speeding with impunity,” Anna Bahr, spokeswoma­n for Los Angeles Mayor Eric Garcetti, said in a statement. “Today, we’ve completed the state’s required survey, and virtually 100% of L.A.’s streets will have an enforceabl­e speed limit.”

Many smaller cities have also voiced concerns about the unintended effects of the 85th-percentile rule.

Last year, the state Legislatur­e approved Assembly Bill 2363, which created a task force to deliver recommenda­tions on how it could be modified or replaced.

Assemblywo­man Laura Friedman (D-Glendale) wrote the legislatio­n after grappling with the issue as a member of the Glendale City Council.

“Without being able to really control the speed limit, it was hard to do the holistic traffic calming that we would want,” she said. “There were times when you would not only have to keep the speed limit the same, there were times you would have to raise the speed limit because of the way people had been driving in the past.”

The Zero Traffic Fatalities Task Force is slated to deliver a report to lawmakers this year.

The group is expected to include a wide variety of interests, including the Automobile Club of Southern California and other groups that have been skeptical of overhaulin­g the current formula.

 ?? Howard Lipin San Diego Union-Tribune ?? CARS DRIVE east on a section of Balboa Avenue where the speed limit can’t be radar enforced because the roadway hasn’t been surveyed.
Howard Lipin San Diego Union-Tribune CARS DRIVE east on a section of Balboa Avenue where the speed limit can’t be radar enforced because the roadway hasn’t been surveyed.

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