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Speed Limit in School Zone Ccl471 04/15/03
    I live in California. I consulted the California Vehicle Code about the speed limit in a school zone when children are not present, but all it said was that the speed limit is 25 mph. when children are present. How fast can I drive in a school zone when children are not present?

    Many thanks,

    C.L.

      Clarification/Follow-up by Ccl471 on 04/15/03 1:37 am:
      Dear Dan:

      This road has no speed limit signs other than the 25 mph sign when children are present. What would the speed limit be when children are not present?

      Thanks again,

      C.L.

      Clarification/Follow-up by wvseagull on 04/15/03 1:51 am:
      CL, I am a long way from CA and I cannot see the road. However, it will be governed by a general speed limit rule. If it is inside a town, city, etc., it is probably 25. If it is open country then it is probably 55. If it were me, I would ask a police officer, and be sure to write down and keep his name, just in case. Or, you could ask the governing body what it is. If it is a county highway, ask the county. If a state highway, ask the state.

      Do you already have a speeding ticket for this road, or are you just curious?

      Clarification/Follow-up by voiceguy2000 on 04/15/03 2:24 am:
      Unlike Dan, I am in California and I am an attorney admitted to practice in California. I gave you the answer to your question, but I guess I should have dressed it up with more legalistic stuff to make it seem sufficiently authoritative.

      Under Section 22352(a)(2)(A) of the California Vehicle Code, the prima facie speed limit on a street "in any business or residence district" which is not a state highway is 25 miles per hour unless the local government has followed the procedures to establish and post a different speed limit. Thus, if there is no other speed limit posting on this street besides the School Zone posting, the default speed limit under the Vehicle Code is 25 miles per hour, unless the road is a state highway. If it is a state highway, it would be marked as such and it is likely that any higher speed limit would be affirmatively posted.

      In addition, Section 22350 of the Vehicle Code states: "No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property." This operates as an additional limit on speed.

 
Summary of Answers Received Answered On Answered By Average Rating
1. You may drive at the posted speed limit, if higher than 25 M...
04/15/03 voiceguy2000Excellent or Above Average Answer
2. CL, speed limits in school zones are a further restriction o...
04/15/03 wvseagullAbove Average Answer
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