If you are charged with speeding in a school zone (or reckless driving by speed in a school zone), you should definitely talk with an attorney. The posted speed limit may be illegal. If the speed limit is not correct, your case may be dismissed completely!
Virginia law sets the speed limit for all highways at 55 miles per hour. That is in Virginia Code 46.2-870. Thus, the default speed limit on all Virginia highways is 55. Any other speed must be specifically authorized elsewhere in the Code.
School speed limits are specified in 46.2-873. That section says that the speed limit for school zones is 25 miles per hour. Subsection C allows cities and towns to increase or decrease a school zone speed limit after a traffic study has proven the need for a speed other than 25.
What does all this mean?
Check the posted speed of the school zone where you were ticketed. If the speed is anything other than 25 mph, we need to talk.
ONLY cities or towns have the statutory authority to create a school zone with a speed other than 25 mph. There is at least one school zone in King George County on Route 3 where the posted limit is 35 mph. Since that school zone isn’t within a city or town, the speed limit is illegal.
Furthermore, even a city or town has to conduct a traffic study BEFORE they change the school zone speed limit from 25 mph. If no traffic study has been done, the speed limit would be illegal.
In addition to these angles, there are other potential challenges to school zone speed limits. If you’re facing a ticket in a school zone, please give me a call to discuss the situation.
{ 2 comments… read them below or add one }
What if your Township has turned 50+ streets into school zones with a fully illegal active school zone speed limit (15MPH)? Is it fair to make people impede traffic, which is a long-standing Vehicle Code violation for anyone traveling under 25MPH?
@Paul – That’s something you’d have to take up with a Pennsylvania lawyer. If the zones are illegal, perhaps you could discuss the matter with your local elected officials. Good luck!