School zones in Washington State are 20MPH, even if signs state otherwise

[Lucky Stripes 99]

According to an article (2nd item down) in the Seattle Times, a woman in Everett, Washington was cited for speeding in a school zone while driving 30 MPH, the posted limit when children were not present. No children were nearby at the time of her citation.

The judge who reviewed her case stated that RCW 46.61.440 specifies that the speed limit in a school zone is always 20 MPH. The law appears to make no exception for time of day, nor does it honor posted exceptions such as "when children are/aren't present" or "when flashing".

As such, school districts and local municipalities that erect signs that imply a conditional speed limit are in effect misleading drivers into thinking that their posted signs supersede state law. Local law enforcement can in turn issue citations based off of drivers' ignorance of the details of state traffic law.

I highly recommend that Anandtech readers in Washington State should write to their legislator and ask that this law be amended to include posted exceptions and/or exclude times well outside of school hours. Readers in other states and provinces should also check to see if their local laws are setup as such, too.

Laws setup like this do nothing more than reinforce the idea that motor vehicle laws are revenue generators first, public safety tools second. I hope you all agree.

 

[conehead433]

How could a judge expect the general populace to know this. The state should have correct signs posted.

 

[dmcowen674]

Originally posted by: Lucky Stripes 99
According to an article (2nd item down) in the Seattle Times, a woman in Everett, Washington was cited for speeding in a school zone while driving 30 MPH, the posted limit when children were not present. No children were nearby at the time of her citation.

The judge who reviewed her case stated that RCW 46.61.440 specifies that the speed limit in a school zone is always 20 MPH. The law appears to make no exception for time of day, nor does it honor posted exceptions such as "when children are/aren't present" or "when flashing".

As such, school districts and local municipalities that erect signs that imply a conditional speed limit are in effect misleading drivers into thinking that their posted signs supersede state law. Local law enforcement can in turn issue citations based off of drivers' ignorance of the details of state traffic law.

I highly recommend that Anandtech readers in Washington State should write to their legislator and ask that this law be amended to include posted exceptions and/or exclude times well outside of school hours. Readers in other states and provinces should also check to see if their local laws are setup as such, too.

Laws setup like this do nothing more than reinforce the idea that motor vehicle laws are revenue generators first, public safety tools second. I hope you all agree.

Quite a first post.

Welcome to P&N.

How dare you question our overlords. Pay up and get over it.

 

[PrinceofWands]

The easy answer is to allow class action lawsuits against whoever is responsible for putting up the signs (school, city, state, etc). When the state gets hit with a couple billion in fines and legal fees they'll fix the problem quick.

 

[Gonad the Barbarian]

I would think this clearly falls under entrapment.

 

[StageLeft]

Fvcking stupid, but we all know many speeding infractions are just a tax grab anyway.

 

[BoomerD]

The Washington State Driver's handbook sez:
"Obey speed limit signs. They are there for your safety.
Speed limits, unless otherwise posted, are:
? 20 mph in school zones,
? 25 mph on streets of cities and towns,
? 50 mph on county roads, and
? 60 mph on state highways.
? Parts of interstate highways may be posted with
higher maximum speeds."

Since the Revised Code of Washington statute you posted sez:
"Subject to RCW 46.61.400(1), and except in those instances where a lower maximum lawful speed is provided by this chapter or otherwise, it shall be unlawful for the operator of any vehicle to operate the same at a speed in excess of twenty miles per hour when operating any vehicle upon a highway either inside or outside an incorporated city or town when passing any marked school or playground crosswalk when such marked crosswalk is fully posted with standard school speed limit signs or standard playground speed limit signs. The speed zone at the crosswalk shall extend three hundred feet in either direction from the marked crosswalk."

I'd say it's pretty plain that State Law sez you can NOT drive faster than 20 MPH in a school zone at any time...NOTHING in either one says "During School Hours," or "When Children are Present."

I grew up in Washington, and learned to drive there. That was the law waaaay back then, (we had Flinstone carz back then ya know) and I never saw it posted any other way.
MANY states where I've lived since have school zones posted with "When Children are Present," or "During X a.m. to XY p.m." or some variation similar to these that specifies the times when school zone speed limits are in effect, but AFAIK, Washington's law has ALWAYS been 20 MPH...PERIOD...NO variations, NO exceptions. I didn't think it was legal for a city, county, or other agency to post signage that was contrary to State law...

 

[shira]

Originally posted by: BoomerD
The Washington State Driver's handbook sez:
"Obey speed limit signs. They are there for your safety.
Speed limits, unless otherwise posted, are:
? 20 mph in school zones,
? 25 mph on streets of cities and towns,
? 50 mph on county roads, and
? 60 mph on state highways.
? Parts of interstate highways may be posted with
higher maximum speeds."

Since the Revised Code of Washington statute you posted sez:
"Subject to RCW 46.61.400(1), and except in those instances where a lower maximum lawful speed is provided by this chapter or otherwise, it shall be unlawful for the operator of any vehicle to operate the same at a speed in excess of twenty miles per hour when operating any vehicle upon a highway either inside or outside an incorporated city or town when passing any marked school or playground crosswalk when such marked crosswalk is fully posted with standard school speed limit signs or standard playground speed limit signs. The speed zone at the crosswalk shall extend three hundred feet in either direction from the marked crosswalk."

I'd say it's pretty plain that State Law sez you can NOT drive faster than 20 MPH in a school zone at any time...NOTHING in either one says "During School Hours," or "When Children are Present."

I grew up in Washington, and learned to drive there. That was the law waaaay back then, (we had Flinstone carz back then ya know) and I never saw it posted any other way.
MANY states where I've lived since have school zones posted with "When Children are Present," or "During X a.m. to XY p.m." or some variation similar to these that specifies the times when school zone speed limits are in effect, but AFAIK, Washington's law has ALWAYS been 20 MPH...PERIOD...NO variations, NO exceptions. I didn't think it was legal for a city, county, or other agency to post signage that was contrary to State law...

I disagree. Eliminating the extraneous text, we're left with:

. . . it shall be unlawful for the operator of any vehicle to operate the same at a speed in excess of twenty miles per hour. . . when such marked crosswalk is fully posted with standard school speed limit signs or standard playground speed limit signs.

The point is, what the woman encountered was a NON-standard speed limit sign, and the law makes clear that the absolute 20mph limit applies ONLY when a "standard" school speed limit sign is posted.

 

[DaveSimmons]

She must never listen to the radio. Here in Seattle the "you must ALWAYS drive 20 in a school zone" radio ads are on 20 times a day.

The school should be cited for having an out-of-date sign, but it's still her fault for driving like it's 1999.

 

[PokerGuy]

It doesn't seem like the driver was just zooming by ignoring the posted limit, the driver heeded the signs displayed. I don't think it's fair for the average person to have to figure out which traffic signs are to be followed and which ones aren't. Every official posted sign should be followed, and drivers should not be punished for doing so. If anything, they should fine the district/county/town/whatever that posted these signs contrary to state law.