Q: School zone speed limit signs usually include the wording, “when children are present.” “Does this mean the entire time they are on school grounds or just when school is starting and ending and children are on the sidewalks and streets? What about during the day when they are out on the school grounds but behind a fence?” Amy Smith of Highland has written to find out.
A: This is a tricky and confusing issue that confounds plenty of drivers. There is no simple answer, either.
California Vehicle Code Section 22352 says the speed limit is 25 mph near schools or in a designated school zone unless a different speed is determined by a local authority (like the local police department) or the Department of Transportation. It’s not clear in the law when this applies.
Here is what the Vehicle Code says: the speed limit is 25 mph “(2) When approaching or passing a school building or the grounds thereof, contiguous to a highway and posted with a standard ‘SCHOOL’ warning sign, while children are going to or leaving the school either during school hours or during the noon recess period. The prima facie limit shall also apply when approaching or passing any school grounds which are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a standard ‘SCHOOL’ warning sign.”
This statute is vague and problematic for several reasons. First, not all recess times are at noon; many schools stagger recess times for different grade levels. And, how does a driver know when the grounds are in use by children? You can’t see every student walking around campus from the street. Also, local police in different cities and counties may interpret the “when children are present” part differently.
The Vehicle Code also doesn’t address summer or winter breaks. And, do you know what the “school hours” are, including after school, on weekends or during summer or winter breaks when students could be present attending camp, sports practice, or another program on campus?
The bottom line is, any time there’s a possibility that a child is present — whether you see a student or not — the speed limit is 25 mph in a school zone. Drivers shouldn’t exceed that speed. This is also what the California Highway Patrol recommends, for safety reasons.
Q: Tom Eshelman and his wife, who live in Hemet, are disabled drivers with a disabled parking placard. They visited the Walmart in Hemet recently, where Eshelman said there are two rows of parking spaces for the disabled. The couple was saddened to see that most of these spaces were occupied by vehicles lacking a disabled parking placard or disabled driver license plate. Eshelman asked if the store could have its security employees enforce the handicapped parking.
A: This is a problem that exists everywhere in California. A Walmart parking lot is typically private property, so you won’t likely see city police cars or city parking enforcement officers driving around; enforcement generally happens when a vehicle is reported.
We encourage our reader and others in cases like this to ask the store manager to call the local police to come out and ticket those parked illegally in the handicapped spaces at their stores. That might help discourage this behavior.
Do you commute to work in the Inland Empire? Spend a lot of time in your vehicle? Have questions about driving, freeways, toll roads or parking? If so, write or call On the Road and we’ll try to answer your questions. Please include your question or issue, name, city of residence, phone number and email address. Write ontheroad@scng.com or call 951-368-9995.