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Should Woodstock correct speed limit law?

American Government Special Collections Reference Desk

McHenry County, Illinois

Should Woodstock correct speed limit law?

Gus Philpott
Woodstock Advocate
July 7, 2011

Do you know that 35MPH is not the legal speed limit on North Seminary Avenue in Woodstock? The legal speed limit, as established in the Woodstock City Code, Sec. 5.3.1, is

Seminary   	Birch   	North city limits   	45  
  	Todd   	Birch   	40

Should the City of Woodstock correct its speed limit law to agree with speed limit signs on North Seminary Avenue? Will anyone ticketed for speeding be smart enough to fight it?

Will Woodstock Police officers refuse to ticket speeders from Todd Avenue to the north city limit, because they know the correct speed limit is not legally posted?

Do deputies of the McHenry County Sheriff's Department know that the correct speed limit is not legally posted?

Do troopers of the Illinois State Police know that the legal speed limit is not 35MPH (as posted)?

Would you be brave enough to drive 45MPH between Birch Road and Ware Road, where the posted speed limit is 35MPH, if a police car were right behind you? Assuming (incorrectly) that an officer might not stop you for 9MPH over, then presumably you could drive 49MPH from Todd to Birch and 59MPH from Birch to Ware Road without getting stopped. I don't recommend trying it.

Is the legal speed limit that which is set in the City Code or that which is posted on the roadway? If an incorrect speed limit is posted, then that speed limit has not been "... declare(d) and determine(d) by ordinance (as) a reasonable and safe absolute maximum speed limit at such place..." (Illinois Vehicle Code 625 ILCS 5/11-604)

The Woodstock City Council should amend Code Section 5.3.1 and "declare and determine" a 35MPH speed limit from Donovan Avenue to Ware Road. Because of congestion and the number of intersections, a park and schools, 35MPH is a reasonable and safe speed limit.

1 comment:

Gus said...

It turns out that the 35MPH speed limit is correct on N. Seminary Ave. and that the designation in the City Code apparently has no effect.

IDOT says, "The State conducts a speed study to determine all speed limits on State highways and is also responsible for the posting of the speed limits. The City has no input on the determination or the posting of speed limits on State routes within their limits."

July 7, 2011 3:54 PM

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