Exceeding Speed Limits in School Zones:
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Exceeding Speed Limits in School Zones
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Culpable Driving Causing Death
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Dangerous Driving Causing Death or Serious Injury
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The Technical Loophole:
The Road Safety Road Rules 2017, specifically Rule 317A, sheds light on how school zones operate under Victorian law. It’s important to understand that school zone speed limits are in place based on “declared school days,” which are determined by the Minister administering the Education and Training Reform Act 2006.
A declared school day is any day a government school is open for attendance, excluding weekends and public holidays. However, the legislation allows for situations where even if certain schools are closed—such as non-government schools—reduced speed limits still apply.
This means that even if the school you pass daily is closed for holidays, the reduced speed limit might still be in effect if it’s classified as a declared school day for government schools.
What Happens if You’re Caught Speeding?
If you are caught exceeding the speed limit during what is technically a declared school day, even though the local school is closed, you can still be fined and penalised. The law currently does not provide leniency for misunderstanding or lack of awareness regarding school closures.
In some cases, an honest and reasonable belief defence may be raised, where you genuinely thought the lower speed limit didn’t apply because the school was closed. However, this defence has not been fully tested in relation to this scenario, and historically, absolute liability applies to speeding offenses. This means that even if you believed the speed limit didn’t apply, you could still be held liable.
The case of Kearon v Grant [1991] VR 321 demonstrates that speeding offenses are treated as strict offenses, where intent or honest belief doesn’t exempt you from penalty.
School Zone Signage:
One area of contention lies in how clearly speed limits are displayed. School zone signs typically indicate two speed limits: a lower limit (often 40 km/h) during school hours and a higher limit outside of those times (60-80 km/h). The sign usually specifies that the lower limit applies on “school days” between certain hours. However, the ambiguity arises when the local school is closed, but the government school term is still in effect, leading to confusion.
Arguably, more could be done to clarify signage, particularly during school holidays. Signs could be updated to reflect actual school closures or at least provide clearer information on when reduced speed limits apply.
The Legal Grey Area:
For motorists, this situation can be frustrating and seem unfair. Imagine having a child at a local school, knowing that it’s closed for the holidays, yet being caught for speeding in what you believed was a non-school zone at the time. It’s a grey area that could lead to legal challenges, especially when combined with unclear signage.
Lawyers are closely watching for a case that challenges these rules, particularly one that distinguishes between the Kearon v Grant precedent and current practices around school zone speed limits.
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Careless Driving
-
Dangerous Driving
-
Driver Duty Failures at Accidents
-
Driving whilst Disqualified
-
Driving whilst Suspended
-
Unlicenced Driving
-
Improper Use of Motor Vehicles
-
Failing to Nominate Driver of Vehicle
-
Appeals of Immediate Licence Suspensions
-
Impoundment of Motor Vehicles
-
Exceeding Speed Limits in School Zones
-
Reckless Conduct Endangering Life Or Serious Injury
-
Culpable Driving Causing Death
-
Dangerous Driving Causing Death or Serious Injury
-
Dangerous or Negligent Driving Whilst Being Pursued by Police
What Should You Do?
If you’ve been caught speeding in a school zone where the school was clearly closed, it’s worth seeking legal advice. You may have a defence if you can prove an honest and reasonable belief that the school was not in session, though this is yet to be fully tested in court.
At our firm, we are closely following developments in this area and are prepared to assist motorists who find themselves in this unfair situation. If you’ve been issued a fine or penalty in similar circumstances, don’t hesitate to contact us for advice on how to proceed.
Do not delay, seek expert advice from the lawyers at MK Law who specialise in traffic offences. They are here to support and guide you to ensure a fair and just outcome.
Call 1800 130 120 today.
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