Police Head Steps into School Zone Fray
The speed limit posted in front of Jay schools does not comply with the state law of 15 mph.
(from the Franklin Sun Journal, Oct. 9, 1998)
by Donna Perry
Special to the Sun Journal

This publication is presented for "Classroom Use Only."  Its intended use is to stimulate and aid in discussion and role playing within a classroom setting.

JAY—The flashing caution lights erected by the town near the schools on Route 4 earlier this year are still not in compliance with state law.

Col.. Malcolm T. Dow, chief of the Maine State Police, sent a letter to town officials on Sept.11, regarding lights that flash to reduce the normal 35-mile per hour speed limit to 25 mph during the opening and closing of school. Dow pointed out that state law establishes the maximum rate of speed as 15 mph "when passing a school during recess or while children are going to or leaving school during the opening or closing hours."

The state Department of Transportation and town officials have been at odds over the signs since last spring.

MDOT Traffic Engineer Bruce Ibarguen had asked the town to reduce the limit to 15 mph to comply with state law after he realized he had made a mistake in giving verbal approval to erect the signs in a school zone. Town officials argued that they had consulted the District Attorney's Office and the MDOT about posting the speed limit at 25 mph before purchasing and installing the signs for $6,700. Officials requested the state reimburse the town for the signs.

Ibarguen, who couldn't be reached Tuesday, told officials the state would not reimburse the town for the signs but was willing to modify the signs at state expense to post the 15-mph limit.

Dow wrote that it seems reasonable that the town should accept the MDOT's explanation that it made a mistake when giving approval to erect the automated 25-mph signs. The chief also said the town should accept the MDOT's offer to modify the signs at state expense to be consistent with state law and the town should allow MDOT to again erect 15-mph school zone signs to supplement the automated signs. The supplemental signs are needed to make the speed limit enforceable.

"The MDOT has the authority to erect these signs now, but is reluctant to do so because of the mixed message it sends. As it stands now, the automated 25-mph signs are not legally binding and law enforcement officers have authority to enforce only the 35-mph zone. It is confusing and potentially unsafe to allow the situation to remain as it is," Dow wrote.

Dow said he was confident guidelines for discretion in the 15-mph zone could be developed with Jay's chief of police.

"No one is advocating, for example, that a motorist be ticketed for traveling 16-mph in a posted 15-mph school zone. Common sense must prevail. A posted 15-mph zone, however, will let motorists know that they must proceed slowly for obvious safety reasons and it will be consistent with every other posted school zone in Maine," Dow wrote. "...I feel strongly that to allow it to continue is counterproductive to effective public safety and we should work to resolve it amicably as soon as possible," Dow continued.

Acting Town Manager Parker Kinney said he wasn't too pleased with the letter. "(The issue) is absolutely on hold," Kinney said. "If the state wants to reimburse the town $6,700 for the cost of the signs, the state can do whatever they please with them."

Kinney said selectmen never took an official position on the speed limit to be posted on the signs.   "It was done by consensus," he said.

"Why don't they come (to Jay) and look at the signs.  If the lights are flashing they are doing just what we wanted them to do: not slow down traffic too much, but make people aware there are schools in the area."

"I'm reluctant to call it a school zone, the nearest school is 143 feet off the road," Kinney said.   "All of our children are bused, except for one or two that walk, and there are some children that ride their bikes... but they're not on Route 4."

"Ibarguen just wants us to be a test case, because he wants to get the law repealed to a logical speed limit," Kinney continued.  "(The board) is going to talk this issue over sometime quick."

It was not brought up at Monday night's meeting.