What does that postscript on School Zone Speed signs — “on school days when children are present” — really mean? Not only are there many rules regarding school zones, but they are also confusing. This post will help clarify a few points.

First, there is actually a definition of “School Day.” It begins at 7:00 a.m. and concludes at 4:00 p.m. If you get a ticket for speeding in a school zone, this is the first thing you should check.

While the definition of a school day is limited, the definition of a school is very broad. Schools can include not only traditional public and private grade schools, elementary, and high schools, but also religious schools and nurseries (625 ILCS 5/11-605).

There are also requirements for how school zone signs must be posted. The statute states that “[s]igns shall give proper due warning that a school zone is being approached and shall indicate the school zone and the maximum speed limit in effect during school days when school children are present” (625 ILCS 5/11-605).

The actual statute goes beyond the phrase “on school days when children are present” to add “and so close thereto that a potential hazard exists because of the close proximity of the motorized traffic.” That part is simply too long to fit on a sign. But what does it mean? The answer is vague and seems subjective, as no court cases have clarified it. However, the Illinois Secretary of State provides some guidance. According to an attorney general opinion (Number S-706) posted on the SOS website: “only when children are physically present on such street or are outside the school building in a school zone. The 20 mile speed limit is not in effect when the children are inside the school building even though school is in session.”

The minimum fine for speeding in a school zone is $150 for the first offense and $300 for the second, plus an additional $50 charge on top of any fine to be given to the school in whose zone you sped. Even worse than the high fines is the fact that you are not allowed supervision for this offense. If you are found guilty, it is a mandatory conviction on your record.

Also, keep in mind that under 625 ILCS 5/12-610.1, you are not allowed to use a mobile device in a school zone unless it is hands-free. It is unclear from the way the statute is written whether this prohibition applies even when children are not present or outside the defined school day.

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