Q: Jim Davis of Murrieta asked, if children are present in a school zone, but school is not in session, like during winter or summer break, does the school zone speed limit law still apply. “My wife said yes. I said no. My argument was based on that if children are present anywhere else, the reduced speed limit law does not apply. There is no speed limit change by a park where children might be. So, who is right?” he asked.
A: This issue is confusing. We’ll share what the law says in California Vehicle Code Section 22352 (both the clear part, and the confusing part).
The clear part is that the speed limit defaults to 25 mph near schools (or in a designated school zone) unless a different speed is determined by a local authority or the Department of Transportation. The not-so-clear part is exactly when this applies. Here’s 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.”
The confusing part is, how you know for sure when the grounds are in use by children. Also, local police in different cities and counties may interpret the “when children are present” issue differently. And, the vehicle code doesn’t mention breaks. Ask yourself if you know for sure 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. Any time there’s a possibility that a child is present – whether you see a student or not – the speed limit is 25 mph.
Vehicle code is not always written clearly, so in cases like this, it’s best to keep your speed at or under 25 mph in a school zone at all times, said Officer Dan Olivas of the California Highway Patrol Inland Division. “The default to safety is just slow down to 25 regardless, because safety is the most important thing,” Olivas said, and we agree.
Q: Jack Ergish of Moreno Valley asked what laws bicyclists must obey. He cited several instances of bicyclists riding in the wrong lanes, passing illegally, and doing other questionable things on the road.
A: Bicyclists must follow all the same traffic laws and right-of-way rules as drivers of motor vehicles and bicyclists also have the same rights and responsibilities as vehicle drivers. This includes stopping at stop signs and red lights, riding in the same direction as traffic (not against it), and not driving under the influence. There are also other laws on the books just for bicyclists, such as wearing a helmet and using lights and reflectors when riding at night.
Here’s more information from the Department of Motor Vehicles: https://www.dmv.ca.gov/portal/driver-education-and-safety/educational-materials/fast-facts/sharing-the-road-ffdl-37/.
Another good resource is the California Bicycle Coalition: https://www.calbike.org/go_for_a_ride/california_bicycle_laws/.
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 us at our new phone number, 951-368-9995.
Source: Orange County Register
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