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In reply to the discussion: U.S. border officer dangerously speeds toward a Canadian tourist in road rage, yelling, 'Never come to the U.S. again!' [View all]Disaffected
(5,920 posts)It does though seem ambiguous in not defining more closely what "reasonable traffic flow' actually is. And who makes that determination, the motorists, the police, a judge?? Certainly you are not free to impede but how can you be considered to be impeding traffic if you are driving at the speed limit? Have you ever heard of anyone being pulled over and/or fined for such a thing?
If "flowing" traffic is deemed "reasonable", that also sounds like a recipe for speed creep (above the limit) which BTW is quite evident now where driving at the speed limit usually results in most everyone passing you, whatever lane you are in.
What if traffic flow was, say 20 or 30 over the limit? At what point does it become unreasonable - 40 over, 50??
I don't have a cite on speeding while passing - it is only something I recall from the distant past. It may have changed now and maybe it is left to the traffic cops' or judges' discretion(?).
ETA:
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Just for the heck of it, I posed the question to ChatGPT5 which replied as follows:
Is it legal to exceed the posted speed limit if most other traffic is also speeding?
ChatGPT said:
No in most jurisdictions, it is not legal to exceed the posted speed limit, even if "everyone else" is doing it.
Heres how the law usually works:
Speed limits are absolute (or statutory) rules. If you drive faster than the posted limit, you are technically in violation, regardless of surrounding traffic.
Keeping up with traffic is not a legal defense. Courts generally do not accept everyone else was speeding as justification, though it might sometimes influence whether police choose to enforce against you.
Exception basic speed law. Many places (such as Canada and U.S. states) also have a basic speed law that says you must drive at a speed that is reasonable and prudent for conditions. This means you can be ticketed for going too fast for road/weather/traffic conditions even if youre below the limit and in very rare cases, you might avoid liability if speeding was necessary to avoid an imminent hazard (for example, swerving to avoid a collision).
Practical enforcement. Police often exercise discretion. If the whole flow is going 510 km/h (or mph) over, they may target the fastest or most erratic driver. But legally, everyone speeding is subject to a ticket.
👉 Bottom line:
Legally, you cannot exceed the posted limit just because most traffic is speeding. From a safety standpoint, however, its often recommended not to drive dramatically slower than surrounding traffic either so the safest option is usually to keep right, stay near the limit, and let faster vehicles pass.
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I see nothing to disagree with there...
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