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Last Monday was the Memorial Day holiday in the US, and there was no school in session (actually I think that all schools are likely on Summer break right now). But when I went past some local schools, the school speed zone signs were flashing and indicating that a lower speed limit was in operation.

In such a situation can these signals deemed to be defective, and be safely ignored? Or am I still liable for a speeding ticket if I keep to the normal speed limit for the roads that those schools are on?

I'm looking for a New Mexico, USA answer, but other jurisdictions are welcome.

Peter M
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3 Answers3

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II. SCHOOL ZONES.

Provision applies to children under 18 years old. — Section 64-18-1.1, 1953 Comp., applies to children who are under 18 years of age. The speed limit of 15 m.p.h. would apply "while children [under the age of 18 years] are going to, or leaving school, and when the school zone is properly posted." Weiland v. Vigil, 1977-NMCA-003, 90 N.M. 148, 560 P.2d 939, cert. denied, 90 N.M. 255, 561 P.2d 1348 (rendered under prior law).

NM Stat § 66-7-301 (2024)

If children are not going to, or leaving school, it would not apply.

Tiger Guy
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There are no special "school zones" whose rules one would need to know. Schools have normal traffic signs, maybe with an explanatory text attached:

enter image description here

This says in order

  • "Speed Limit 30 km/h"
  • "School"
  • "Next 300 meters"
  • "Monday to Friday 8-16h"

It would have the exact same meaning, if someone removed the "Schule" part.

So the question is, what happens if that information allows you to make an educated guess that today would be an exception? For example, what about Good Friday, a public holiday inside the Easter school break with no school for a week before or after anywhere in the country?

Well, it depends.

At least one court ruled that it is not up the individuals to grant themselves exceptions. If there are exceptions, for example public holidays or school breaks, the authority that placed the sign should include them. Otherwise, the sign overrules personal opinion on whether it makes sense, a sign is a sign and needs to be followed.

OLG Brandenburg, Beschluss vom 12.9.2019, Az.: (2 Z) 53 Ss-OWi 488/19 (1774/19)

And on the other end we have the opposite ruling, saying that public holidays, in other laws and regulations commonly treated as Sundays, do not fall into the range of a sign saying "School, Monday-Saturday".

Amtsgericht Wuppertal, Urteil vom 28.1.2014 (Az.: 12 OWi-723 Js 1323/13-224/13)

So.. yeah... it depends. I am pretty sure that both cases cost the defendant way more time and money to fight then they could save in their whole life slightly speeding in a 30 zone.

Maybe not speeding is the best way to save time.

Legally... it's a crystal clear "uh... maybe? "

nvoigt
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School zones operate on school days

School terms are gazetted from year to year and include Mondays to Fridays that are not public holidays. This applies even if there are no students at the school such as during staff development days or at private schools which might have shorter terms.

School zones apply during the times shown on the sign and are usually 8–9.30am and 2.30–4pm. However, there are a few non-standard school zone times to cater for schools that operate non-standard hours.

The flashing lights are advisory. If they are not flashing during the school zone times, the school zones apply still applies. Similarly, if they are flashing during non-school zone times, it doesn’t.

Dale M
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