Speeding in a School Zone in North Carolina

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Speeding in a School Zone

Although school is about to let out for Wake County Schools on a traditional calendar, schools are still in session for those on a year round or modified year round school calendar.  It is therefore important to make sure you watch out for those schools still in session on your morning commute to make sure the school zone is not in affect.  

The biggest problem with this requirement is that the signs required to be posted under GS 20-141.1 posted below do not require to sign to state whether the school is in session.  Your average driver, unless they have children in the school and know the school schedule would have no way of knowing if the school is still in session during the traditional summer break.  Likewise, some schools hold camps in the summer months.  Although you may see children present, the school zone is not in affect pursuant to the statute.

§ 20-141.1.  Speed limits in school zones.

The Board of Transportation or local authorities within their respective jurisdictions may, by ordinance, set speed limits lower than those designated in G.S. 20-141 for areas adjacent to or near a public, private or parochial school. Limits set pursuant to this section shall become effective when signs are erected giving notice of the school zone, the authorized speed limit, and the days and hours when the lower limit is effective, or by erecting signs giving notice of the school zone, the authorized speed limit and which indicate the days and hours the lower limit is effective by an electronic flasher operated with a time clock. Limits set pursuant to this section may be enforced only on days when school is in session, and no speed limit below 20 miles per hour may be set under the authority of this section. A person who drives a motor vehicle in a school zone at a speed greater than the speed limit set and posted under this section is responsible for an infraction and is required to pay a penalty of two hundred fifty dollars ($250.00).  (1977, c. 902, s. 2; 1979, c. 613; 1997-341, s. 1.1; 2011-64, s. 1.)

In addition to the issue of whether school is in session or not is the impact of a ticket for speeding in a school zone.  The fine has been raised to $250 plus court costs of $188.  This is a pretty steep price to pay for speeding.  In addition, the statute that keeps a ticket off your insurance if the speed is not more than ten miles over the speed limit does not apply to school zones.  (It should be noted that it does apply to work zones.)  Therefore, in most counties, especially Wake County, merely getting a speeding in a school zone ticket reduced to nine miles over the speed limit is not sufficient to keep if off your insurance.  You would also have to have a Prayer for Judgment Continued available and granted by the judge.  Most judges in Wake County will require some number of hours of volunteer work at a non profit to receive the Prayer for Judgment Continued.  The number of hours is usually related the number of miles your original speed is over the speed limit.