No part of a law may compel someone to break another part of the law. California's got speed laws that indicate that the speed limits are presumptions that the speed limit is as fast as can be safely driven on that road and any exception to that need to be proven on a case by case basis. Therefore driving near but below the speed limit is the very DEFINITION of reasonable movement. And yes I just went through all the relevant sections of the CVC.
the point of contention here is the definition of "reasonable movement". "reasonable movement" does not equate to "always less than the speed limit" as it is not defined as so in the CVC. you are making implications where there are none.
while you are correct that a speed limit equates to "safely driven speed", "safely driven speed" and "reasonable movement" are two different things. if all four lanes are at 70mph and you are at 55mph in the HOV, you are driving in a safe speed and are at below the limit (CA does not have a minimum limit) but are you at a "reasonable movement"?
there are three other distinctions here:
1. what is law
2. what is enforced
3. what is practiced
while you are correct that in court, you will always lose if you are above the limit and breaking the law, the law as defined is simply not enforced as such. i just told you ive gone 80mph with CHP beside me and i've been driving in CA for 16 years. ive asked multiple police officers and CHP and they all said they will ticket anyone above 65 (the law) and it is their job to say so and do so but in practice, i have simply found that not to be the case. other officers have told me they wont stop anyone 10mph above the limit.
now in practice, at least here in LA most everyone gets to 75-80 without tickets. so if the practice here is around 75 and what is enforced is around 75, arent you a douchebag for going 60 and holding everyone back? especially when you could be in the right most lane (by law) if you are slower than everyone else?
my point is common courtesy to the other drivers. i dont mean for you to go faster than what is safer, or faster than what youre comfortable with, or faster than everyone else. all i ask is to go at the speed of the flow of traffic, and if youre slower than all four other lanes please go to the right most lane. that's all.