A "maximum" speed does not mean an "advised" speed. If you are driving
at an unsuitable speed, below the posted maximum, in Europe you will not
get a ticket for "speeding" as such but you may get one for "dangerous
driving" or something similar. The obligation to drive in a safe way
overrides all other more specific limitations. Think of overtaking -
just because it's not prohibited, doesn't make it safe (reasonable and
prudent). 

There is no point in trying to reflect this "reasonable and prudent"
stuff in OSM. We should stick to the objective limits, by virtue of
signposting and/or  statutes.

On 2018-09-19 09:51, Martin Koppenhoefer wrote:

> sent from a phone
> 
>> On 19. Sep 2018, at 08:01, Tod Fitch <t...@fitchdesign.com> wrote:
>> 
>> California, and I suspect most if not all other states, has a reasonable and 
>> prudent clause in the speed statutes too. So depending on conditions, 
>> especially weather conditions, theoretically you can get a speeding ticket 
>> while driving under the signed or prima facia speed limit.
>> 
>> However I think that is a diversionary argument that basically implies that 
>> we can't tag any road with a speed limit because the default or signed speed 
>> limit can be trumped by a reasonable and prudent clause in the motor vehicle 
>> code.
> 
> I'd guess most jurisdictions will have a clause like this, Italy and Germany 
> have them as well, but unless you are involved in an accident you won't get 
> into problems as long as you respect the signposted or default limits. There 
> may be different implicit limits for certain weather conditions (e.g. 50kph 
> if visibility is inferior to 50m), but this is not comparable to vague 
> indications like "reasonable".
> 
> cheers,
> Martin
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