[zulutango]

Originally Posted by sebberry

That was my impression as well and a practice I've always followed. Then I read this portion of a judgment:



taken from here: CanLII - 2010 BCPC 56 (CanLII)

The MVA does not state that the speed of the vehicle must not exceed the posted limit in any portion of the zone, it simply states while approaching or passing the grounds.

The judgement even says you are wrong.,,,if you read it....and I quote..
[19] The other part of Mr. Ashir’s argument is that there was no direct evidence that at 50.4 meters into the zone where Mr. Ashir’s vehicle was clocked by the laser unit at a speed of 46 km/h, the vehicle was either approaching or passing the “school building and school grounds”. However, I find on my appreciation of the evidence that Mr. Ashir was approaching or passing the school building and school grounds.

[20] The school zone between the two signs was 254.3 meters in length. I infer and conclude that where a vehicle has entered the first 50.4 meters of a zone of that length in which there was a school building and school ground, it had to be either approaching or passing them. In addition, Sgt Vermette testified that the sign for southbound traffic, the direction Mr. Ashir was driving, was “just to the north of the playground for the school”. To interpret approaching or passing a school building and school grounds on those facts in any other way would be to misapply the principle of statutory interpretation from Driedger recited above

Finding

[21] To summarize, I find that Mr. Ashir was driving a vehicle in a 30 km/h school zone at a speed greater than 30 km/h on a regular school day, after 8 a.m. and before 5 p.m., while approaching or passing a school building and school grounds to which the school speed signs relate. I find him guilty of speeding contrary to section 147(1) of the Motor Vehicle Act.