Speed kills. There is ample research to support the idea that slowing traffic saves lives. Plus, there’s simple physics: A pedestrian hit by a car traveling 20 mph has an 80 percent chance of survival, but someone hit by a car traveling 40 mph has just a 10 percent chance.

Nevertheless, a decades-old California law essentially requires cities to set speed limits based on how fast people are already driving, regardless of whether that speed is safe. The law was passed to prevent cities from setting speed traps, or arbitrarily low speed limits aimed at sticking drivers with pricey tickets.

In order for police to use radar guns or other electronic devices to ticket speeding drivers, cities have to conduct regular surveys of traffic flow. The speed limit is then based on the 85th percentile – that is, the speed just below the 15th fastest driver – and rounded to the nearest 5 mph. The mandate means that if cities want to enforce the speed limit on a street where drivers routinely put the pedal to the metal, they often have to raise the speed limit.

This is an absurd way to govern a public space. It lets faster-than-average drivers dictate the law, rather than basing the law on what is best for all street users.

It doesn’t take into account the community’s broader needs for the street, including making the speed of travel safer for bicyclists and ensuring pedestrians can cross without getting mowed down.

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