DDR-24V
The Maximum speed limit has nothing to do with the Prima Facia limit.
According to the section I quoted, the posted speed limit is the prima facie speed limit. Whether that posted limit is the maximum limit specified in the code, a lower limit put in force by local ordinance, or any other limit, it is still the prima facie speed limit. No, "maximum" and "prima facie" speed limits aren't necessarily related. Sometimes, however, they are the same limit. For example, if the "maximum" speed is 65 MPH, and that speed limit is posted, then it is also the "prima facie" speed limit - since any "posted" speed limit is, according to the CVC, the "prima facie" speed limit. I only referenced that section to clarify that 21654 does, in fact, apply to any posted speed limit. Do you have another section of the vehicle code (or case law, as you mention below) that shows otherwise?
Case law will never tell someone to exceed the Max Limit to comply with any other law. Your theory doesn't make sense. If that were the case, any speeder could claim he was just with the Flow Of Traffic and get off. It Don't Work That Way.
I never suggested any such thing. I have maintained that a driver in the left lane on a multi-lane highway must move to the right if driving slower than the normal speed of traffic,
whatever that "normal" speed may be. This is what 21654(a) says! I never said that driver should speed up and violate the prima facie speed limit, and I never said that the faster traffic (above the speed limit) is not breaking the law by speeding. I've only said that the fact that the traffic coming up behind you is breaking the law doesn't relieve you of your statutory obligation to get out of the way. If you can show something in the code (or case law) that contradicts this, please share it.
I don't have any problem with being wrong. But, when I put forth what I believe to be a clear, logical argument for something, if somebody is going to tell me it's incorrect, I need to see an equally clear, logical reason for
why. So far, I haven't seen it. With all respect due to peace officers (active and retired), any type of statement like "I am/used to be a cop so I know" isn't enough.
EDIT: I realize that my quoting of a CHP spokesman in a previous post violates my "isn't enough" sentence above. That's one reason why I've continued to research this in the California Vehicle Code. I wanted to find out what the law says, instead of just quoting a spokesman's, an agency's, or a court's policy on enforcing that law. Just because a law isn't necessarily enforced doesn't mean that the law doesn't exist. For example, I've never been cited for driving 66 MPH in a 65 MPH zone (right next to a peace officer), though I'm clearly exceeding the speed limit and thus breaking the law. Evidently, some courts in California fully expect 21654(a) to be enforced and citations to be issued - I've found several "fee schedules" from various courts that specifically list the fines to be levied for violation of 21654(a) (typically, $104, with the increased penalties for construction zones, etc. ).
Cheers,
-Don