When Children Are Present
In today’s Journal Star and repeated on the Greg & Dan show is State Trooper Tony Halsey stating that a 20 mph school speed zone is in effect on school days between the hours of 7am and 4pm regardless of whether children are present or not. He used the example of Sterling Middle School and reiterated that the speed limit is 20mph even if every single kid is inside the school. “Kids do not need to be outside or present for the speed limit to apply.” His reasoning was that even if no-one is outside, at any given moment a kid could come running out of the front doors and into speeding traffic.
Huh?
I questioned how “when children are present” could be turned into “when children are inside working on their math assignment,” but he really lost me when his reasoning was that at any given moment a child could come bolting out the front doors, run across the parking lot and get run over by a car driving down Sterling. I understand the need to slow down and be aware of your surroundings, but that is almost laughable. [notice how I refrained from making a cheap joke about gunfire]
Illinois Statute states:
On a school day when school children are present and so close thereto that a potential hazard exists because of the close proximity of the motorized traffic, no person shall drive a motor vehicle at a speed in excess of 20 miles per hour while passing a school zone or while traveling on a roadway on public school property or upon any public thoroughfare where children pass going to and from school.
For the purpose of this Section a school day shall begin at seven ante meridian and shall conclude at four post meridian.
So what does “When School Children Are Present” really mean? I suppose it could be open for interpretation. Secretery of State Police Jesse White’s website attempts to clarify this by not only reprinting the statute above, but by adding this-
The following is an Opinion of the Attorney General’s Office (Number S-706):
This paragraph limits vehicle speed to 20 miles per hour only during school days while the vehicle is passing a school zone or is traveling on a street on or across which children pass going to or from school, and then only when children are physically present on such street or are outside the school building in a school zone. The 20 mile speed limit is not in effect when the children are inside the school building even though school is in session.
So which is it? When they are inside as reported by Trooper Halsey or when they are outside as the Secretary of State and the Attorney General believe? I’m putting my money on the latter.
August 26th, 2008 at 1:19 pm
I think you just provided the rest of us with a source to cite if we’re ever pulled over for this.
August 26th, 2008 at 1:20 pm
I think it’s whatever the cop that pulls you over says it is! LOL
August 26th, 2008 at 4:22 pm
I also heard that exchange on the radio this morning and it didn’t make sense to me either. I think the trooper has some explaining to do.
August 26th, 2008 at 10:59 pm
It probably is written by the same people who wrote “45 miles per hour when workers are present”.
August 27th, 2008 at 11:56 am
[...] PeoriaIllinoisan sets the record straight. [...]
September 7th, 2008 at 11:03 am
Never ask a cop what the law is or how to interpret a law. They have no idea they simply do what they are told and enforce what they are told to enforce, when in doubt arrest and let the courts sort it out. They do a great job and all that but they have no real knowledge of the laws they enforce.