In any action involving the question of unlawful speed of a vehicle upon a highway which has been signposted with speed restriction signs of a type complying with the requirements of this code, it shall be presumed that existing facts authorize the erection of the signs and that the prima facie speed limit on the highway is the limit stated on the signs. This presumption may be rebutted.
Chapter 4Presumptions
Section § 41100
This law states that if you're in a legal situation about speeding on a highway where there are speed limit signs, it's assumed that the signs are legal and show the correct speed limit. However, you can challenge this assumption if you have evidence to the contrary.
unlawful speed highway speed limit speed restriction signs sign compliance prima facie speed limit presumed authorization posting speed limits challenging speed signs rebuttable presumption legal speed disputes
Section § 41101
This law says that if a traffic sign or device is put up in a way that mostly follows the rules, we assume it was installed legally by someone with authority, unless strong evidence shows otherwise. Also, any traffic sign or device that claims to meet legal requirements is assumed to do so, unless there is strong evidence to prove it doesn't meet the rules.
(a)CA Vehicle Code § 41101(a) Whenever a traffic sign or traffic control device is placed in a position approximately conforming to the requirements of this code, it shall be presumed to have been placed by the official act or direction of lawful authority, unless the contrary is established by competent evidence.
(b)CA Vehicle Code § 41101(b) Any sign or traffic control device placed pursuant to this code and purporting to conform to the lawful requirements pertaining to it shall be presumed to comply with the requirements of this code unless the contrary is established by competent evidence.
traffic signs traffic control devices lawful authority competent evidence legal presumption official act conformity installation authority traffic regulations traffic code compliance
Section § 41104
If the last part of a group of connected vehicles, like trailers, doesn't stay in line with the vehicle pulling it while driving on a highway, it's generally assumed that the law about safely towing vehicles has been broken.
In any case, involving an accident or otherwise, where any rear component of a train of vehicles fails to follow substantially in the path of the towing vehicle while moving upon a highway, the vehicle shall be presumed to have been operated in violation of Section 21711.
towing vehicles train of vehicles rear component following path highway movement vehicle operation violation towing safety trailer alignment Section 21711 vehicle path deviation connected vehicles vehicle presumption towing compliance highway accidents towing violations
