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2023 SESSION
23100880DPatrons-- Bourne, Adams, D.M., Clark, Guzman, Hope, Jenkins, Kory, Maldonado, Mundon King, Murphy, Roem, Seibold, Shin, Simonds and Tran
Be it enacted by the General Assembly of Virginia:
1. That § 46.2-873 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-873. Maximum speed limits at school crossings; penalty.
A. For the purposes of this section, "school crossing zone" means an area located within the vicinity of a school at or near a highway where the presence of children on such school property or going to and from school reasonably requires a special warning to motorists. Such zones are marked and operated in accordance with the requirements of this section with appropriate warning signs or other traffic control devices indicating that a school crossing is in progress.
B. The maximum speed limit shall be twenty-five 25 miles per hour between
portable signs, tilt-over signs, or fixed blinking signs placed in or along any
highway and bearing the word "school" or "school crossing."
Any signs erected under this section shall be placed not more than 600 750
feet from the limits of the school property or crossing in the vicinity of the
school. However, "school crossing" signs may be placed in any
location if the Department of Transportation or the council of
the city or town or the board of supervisors of a county maintaining its own
system of secondary roads local governing
body of the county, city, or town in which the crossing is located
approves the crossing for such signs. If the portion of
the highway to be posted is within the limits of a city or town posting is authorized by the governing body of a
locality, such portable signs shall be furnished and
delivered by such city or town locality. If the portion of highway to be posted is outside
the limits of a city or town posting is
authorized by the Department of Transportation,
such portable signs shall be furnished and delivered by the Department of
Transportation. The principal or chief administrative officer of each school or
a school board designee, preferably not a classroom teacher, shall place such
portable signs in the highway at a point not more than 600 750 feet from the limits of
the school property or at the crossing location
approved by the Department of Transportation or the local governing body of the
locality, if any, and remove
such signs when their presence is no longer required by this section. Such
portable signs, tilt-over signs, or fixed blinking signs shall be placed in a
position plainly visible to vehicular traffic approaching from either
direction, but shall not be placed so as to obstruct the roadway.
C. Such portable signs, tilt-over signs, or blinking signs shall be in a position, or be turned on, for thirty minutes preceding regular school hours, for thirty minutes thereafter, and during such other times as the presence of children on such school property or going to and from school reasonably requires a special warning to motorists. The governing body of any county, city, or town may, however, decrease the period of time preceding and following regular school hours during which such portable signs, tilt-over signs, or blinking signs shall be in position or lit if it determines that no children will be going to or from school during the period of time that it subtracts from the thirty-minute period.
D. The governing body of any city or town may, if the portion
of the highway to be posted is within the limits of such city or town, (i) increase or decrease the speed limit
provided in this section only after justification for such increase or decrease has been shown by
an engineering and traffic investigation or (ii) decrease
the speed limit provided in this section, and no such
increase or decrease in speed limit shall be effective unless such increased or
decreased speed limit is conspicuously posted on the portable signs, tilt-over
signs, or fixed blinking signs required by this section.
E. The governing body of a county within Planning District 8
may, if the portion of the highway to be posted is within the limits of such
county, (i) increase or decrease the speed limit
provided in this section only after justification for such increase or decrease has been shown by
an engineering and traffic investigation or (ii) decrease the speed
limit provided in this section, and no such increase or
decrease in speed limit shall be effective unless such increased or decreased
speed limit is conspicuously posted on the portable signs, tilt-over signs, or
fixed blinking signs required by this section.
F. The City of Virginia Beach may establish school zones as provided in this section and mark such zones with flashing warning lights as provided in this section on and along all highways adjacent to Route 58.
G. Any person operating any motor vehicle in excess of a
maximum speed limit established specifically for a school crossing zone, when such school crossing
zone is (i) indicated by appropriately placed signs displaying the maximum
speed limit and (ii) in operation pursuant to subsection subsections B of this section and C shall be guilty of a
traffic infraction punishable by a fine of not more than $250, in addition to
other penalties provided by law.
H. Notwithstanding the foregoing provisions of this section, the maximum speed limit in school zones in residential areas may be decreased to fifteen miles per hour if (i) the school board having jurisdiction over the school nearest to the affected school zone passes a resolution requesting the reduction of the maximum speed limit for such school zone from twenty-five miles per hour to fifteen miles per hour and (ii) the local governing body of the jurisdiction in which such school is located enacts an ordinance establishing the speed-limit reduction requested by the school board.