All (legal) speed limits are "statutory" (i.e., set by legislation -- can be from the state, county, city or other body). The difference is between "maximum" (70/60/55) speed limits, prima facie limits and prima facie limits NOT subject to speed trap laws. The basic speed law (VC 22350) applies to ALL prima facie limits.Quoting V C Section 22352 Prima Facie Speed Limits
That is not a prima facie (i.e. "on is face") limit. It is a maximum which is illegal to exceed no matter what. Here's that statute:much like a 55mph speed limit on a 2 lane highway.
You see the words "prima facie" anywhere in there?Quoting V C Section 22349 Maximum Speed Limit
The highlighted section is what 40802 is speaking of.Notice it says subparagraph (A), not "highlighted section" or "portion following unless" or "notwithstanding EWLTYJ's interpretation." Is it a particular section of a highway? Does it have a prima facie speed limit? Was that limit established by subparagraph (A), etc.? Was radar, etc. used? Then the speed trap law applies and a survey is required. The only exceptions are local streets, roads and school zones -- all of which we have established the section of highway in question is NOT.Quoting VC 40802
Remember that the speed traps laws apply only when radar/lidar are used. The 25 mph default may be enforced by pacing, visual estimation or otherwise (no signs required either!!). As for the philosophical portion of your question, the courts do not consider legislative intent (or any other kind of intent) when the words of the statute are crystal clear, as they are here.If there was a speed survey required, why would the statute state specifically 25mph??
Just for kicks, here's one of my own: subparagraphs (B) and (C) refer to school zones and senior zones, respectively. Why did the legislature feel the need to explicitly include (A) and not (B) or (C)?