Speed-limit signs vague; tickets tossed
Published Tuesday November 3rd, 2009
About a half dozen people facing fines for speeding in school zones in Oromocto saw those tickets tossed out Monday when a judge ruled the signage about lower speeds was vague.
A number of motorists appeared in Burton provincial court last week, all charged for speeding in school zones.
A town bylaw in Oromocto allows the town to reduce the speed limit in school zones.
Signage in those areas of the model town indicate the speed limit is 30 kilometres per hour "when children are present."
It's that qualifier that raised questions.
Crown prosecutor Paul Hawkins said while the town does have the power to pass a bylaw about speed limits, he can't find any authority for the qualifier of the presence of children.
He said the town would have the authority to require a reduced speed limit of 30 km/h during certain hours, but he said requiring it "when children are present" doesn't seem viable.
Hawkins said it appears the town's intent was to ensure safe conditions when schools are in use outside regular school hours.
Judge Patricia Cumming said the phrase is misleading and open to interpretation.
"It does strike me as difficult to determine," she said.
Cumming ruled that the reduced limit with the "when children are present" qualifier is invalid.
Consequently, Hawkins withdrew the half dozen or so tickets before the court.
Cumming noted, however, that someone caught speeding in a school zone above the normal speed limit could still be ticketed for a speeding infraction.
She warned those whose tickets were withdrawn that if they were caught speeding in excess of the normal limit as opposed to just the reduced limit, the RCMP could issue them new tickets.
Officials with the Town of Oromocto couldn't be reached for comment on the ruling Monday.
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"WHo does not understand what 'when children present' meets besides Judges?"
I think it is vague. Does it mean when kids are at school? When they're on the sidewalk? Does it matter if a couple of 17-year-olds are hanging out in a nearby yard?