Exceeding Speed Limits in School Zones:
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The Technical Loophole:
The Road Safety Road Rules 2017, specifically Rule 317A, sheds light on how school zones operate under Victorian law. It’s important to understand that school zone speed limits are in place based on “declared school days,” which are determined by the Minister administering the Education and Training Reform Act 2006.
A declared school day is any day a government school is open for attendance, excluding weekends and public holidays. However, the legislation allows for situations where even if certain schools are closed—such as non-government schools—reduced speed limits still apply.
This means that even if the school you pass daily is closed for holidays, the reduced speed limit might still be in effect if it’s classified as a declared school day for government schools.
What Happens if You’re Caught Speeding?
If you are caught exceeding the speed limit during what is technically a declared school day, even though the local school is closed, you can still be fined and penalised. The law currently does not provide leniency for misunderstanding or lack of awareness regarding school closures.
In some cases, an honest and reasonable belief defence may be raised, where you genuinely thought the lower speed limit didn’t apply because the school was closed. However, this defence has not been fully tested in relation to this scenario, and historically, absolute liability applies to speeding offences. This means that even if you believed the speed limit didn’t apply, you could still be held liable.
The case of Kearon v Grant [1991] VR 321 demonstrates that speeding offences are treated as strict offences, where intent or honest belief doesn’t exempt you from penalty.
School Zone Signage:
One area of contention lies in how clearly speed limits are displayed. School zone signs typically indicate two speed limits: a lower limit (often 40 km/h) during school hours and a higher limit outside of those times (60-80 km/h). The sign usually specifies that the lower limit applies on “school days” between certain hours. However, the ambiguity arises when the local school is closed, but the government school term is still in effect, leading to confusion.
Arguably, more could be done to clarify signage, particularly during school holidays. Signs could be updated to reflect actual school closures or at least provide clearer information on when reduced speed limits apply.
The Legal Grey Area:
For motorists, this situation can be frustrating and seem unfair. Imagine having a child at a local school, knowing that it’s closed for the holidays, yet being caught for speeding in what you believed was a non-school zone at the time. It’s a grey area that could lead to legal challenges, especially when combined with unclear signage.
Lawyers are closely watching for a case that challenges these rules, particularly one that distinguishes between the Kearon v Grant precedent and current practices around school zone speed limits.
Common questions about school zone speed limits
No, not in a time-based school zone. Under rule 317A of the Road Safety Road Rules 2017, a sign marked for school days applies only on declared school days, or on a day the sign itself marks as a school day. Declared school days are the days set for government schools to be open, so government school holidays are not among them. The limit still applies during government school terms even if your local school is closed. A permanent school zone sign has no times on it and applies every day.
Not where the sign shows school days and times. Rule 317A of the Road Safety Road Rules 2017 leaves Saturdays, Sundays and public holidays out of the declared school days. The one exception is a sign that itself marks that weekend day or holiday as a school day at that place.
Time-based school zones operate from 8am to 9.30am and from 2.30pm to 4pm on school days, according to Transport Victoria. The limit can be 30, 40 or 60 km/h depending on where the zone is. Under rule 21 of the Road Safety Road Rules 2017, your limit is the number on the sign, and on a variable electronic sign it is the number the sign is showing at the time.
It depends on how far over the school zone limit you were. Victoria has no separate school zone offence, so this is ordinary speeding under rule 20 of the Road Safety Road Rules 2017. For a full licence holder in a car, from 1 July 2026:
| Over the limit | Fine | Demerit points or suspension |
|---|---|---|
| Under 10 km/h | $261 | 1 point |
| 10 to 24 km/h | $418 | 3 points |
| 25 to 29 km/h | $575 | 3-month suspension |
| 30 to 34 km/h | $680 | 3-month suspension |
| 35 to 39 km/h | $784 | 6-month suspension |
| 40 to 44 km/h | $889 | 6-month suspension |
| 45 km/h or more | $1,046 | 12-month suspension |
Going 45 km/h or more over the limit also lets police impound the car.
It is an offence under rule 20 of the Road Safety Road Rules 2017, and it can be dealt with by an infringement notice. Under 25 km/h over the limit, paying the notice ends the matter with no conviction recorded, though you still get the demerit points. At 25 km/h or more over, the notice becomes a conviction 28 days after its date unless before then you object in writing or nominate the person who was driving. If you do neither, a licence suspension follows. If you object and a court finds you guilty, it must suspend your licence.
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What Should You Do?
If you’ve been caught speeding in a school zone where the school was clearly closed, it’s worth seeking legal advice. You may have a defence if you can prove an honest and reasonable belief that the school was not in session, though this is yet to be fully tested in court.
At our firm, we are closely following developments in this area and are prepared to assist motorists who find themselves in this unfair situation. If you’ve been issued a fine or penalty in similar circumstances, don’t hesitate to contact us for advice on how to proceed.
Do not delay, seek expert advice from the lawyers at MK Law who specialise in traffic offences. They are here to support and guide you to ensure a fair and just outcome.
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