School zone speed restrictions are back. But they shouldn害羞草研究所檛 be necessary. And they fail to communicate an important safety message.
They shouldn害羞草研究所檛 be necessary because other laws require us to slow to a safe speed when children are likely to be around.
The important safety message I am referring to is that those laws extend to all of our roadways, not just the areas around schools.
Notions of who has the right of way go out the window, to a certain extent, when we are sharing roadways with children.
I found this statement of the law from the highest court in Ontario, in 害羞草研究所淭hat children lack the judgment of adults and that they are notoriously forgetful when they are distracted or confused, and therefore do not follow instructions on the basis of which 害羞草研究所渢hey should know better害羞草研究所�, are concepts that are generally accepted and that have been recognized by the courts as factors distinguishing the conduct of children from that of adults in the negligence liability context害羞草研究所�.
We can reasonably expect that adult pedestrians and cyclists will follow the rules of the road. But when it comes to children, we must expect the unexpected.
Here is a common sense statement of the law quoted from a 1995 decision of the highest court of 害羞草研究所淜nowing that the actions of children are unpredictable a driver has a duty to take reasonable precautions for the safety of a child on or near the highway.害羞草研究所�
Any time you see the word 害羞草研究所渉ighway害羞草研究所� in our laws and court judgements, it has an expanded meaning to include streets, laneways and almost everywhere vehicles travel.
A more detailed statement of the law can be found in a 1990 decision of the same court, 害羞草研究所淭here is, of course, a need for constant vigilance for children on the roads, especially in suburban areas, for the very reason that they can not be expected always to act with the same care that is expected of adults. Once observed in a dangerous situation, children must be given special attention, so that any precautionary or evasive action indicated will be taken in time.害羞草研究所�
That害羞草研究所檚 the key. The onus is on us as drivers to be able to take evasive action in time.
How do we ensure we can do that?
We must be continually watchful for the presence of children on or near the roadway. Not just in school zones.
Once we identify their presence, we must keep our eyes peeled, carefully watching for any clues that they might put themselves in danger.
And drive at a speed that allows us sufficient reaction time to take evasive action.
Is that speed 30 kms/hour?
It depends.
If children are milling around, that might well be too fast.
On the other hand, if children are far enough away from your lane of travel, it might not be necessary to slow down at all.
, gives this flexible speed limit: 害羞草研究所淎 person must not drive a motor vehicle on a highway at a speed that is excessive relative to the road, traffic, visibility or weather conditions.害羞草研究所�
Of course, slow down at least to 30 kms/hour in school zones, even if you害羞草研究所檙e driving through a wide, empty street with all children safely in their classes. Tickets aren害羞草研究所檛 nice.
But go even slower as might be necessary to absolutely ensure that you will have time to take evasive action if a child does something stupid.
Regardless of whether or not you are in a school zone.
Please help keep our children safe.
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Hergott: ICBC fails at dismissing claim
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