A new 30-mile-per-hour speed limit will take effect in the next
few weeks on Monterey Road between Main and Wright avenues
following a judge’s ruling that the use of radar enforcement along
that stretch of road could be considered a
”
speed trap.
”
Morgan Hill – A new 30-mile-per-hour speed limit will take effect in the next few weeks on Monterey Road between Main and Wright avenues following a judge’s ruling that the use of radar enforcement along that stretch of road could be considered a “speed trap.”
A South County judge recently threw a speeding ticket out of court after ruling Morgan Hill had incorrectly set the speed limit too low near Britton Middle School. State law requires adjustments to speed limits based on traffic surveys every five years if radar guns are to be lawfully used.
Changes to the speed limit are based on the premise that 85 percent of drivers will travel at a safe speed on a given road. In a 2005 survey, 85 percent of drivers on Monterey traveled at 33 miles per hour between Main and Wright. Industry practices call for rounding down, to 30 miles per hour, in this case.
Morgan Hill police will enforce safe speeds by Britton Middle School and flashing signals telling drivers to go 25 miles per hour when children are present will remain in place.
The Morgan Hill City Council reluctantly voted 4-0 Wednesday to increase the speed limit after public works officials made it known the previous 25-mile-per-hour zone had been incorrectly set two years ago. Councilman Greg Sellers, who lives near Monterey Road, abstained from the vote.
The issue came to light after Morgan Hill police recently learned a traffic ticket involving the use of radar guns was thrown out of court after a judge deemed the city had not followed state law after conducting its last speed survey.
The law requires a traffic analysis every five years, and adjustments to speed limits as needed, to prevent cities from artificially setting limits too low and using “speed traps” to pad their coffers.
Public Works Director Jim Ashcraft said the incorrect speed had been posted because of an oversight in understanding the law. There is no evidence city officials intended to use a “speed trap” to rack up fines.
Instead, Ashcraft said there had been a desire to keep speeds low near Britton Middle School.
Councilman Larry Carr said he regretted raising the speed near a school, but agreed with the need to use radar guns to enforce traffic laws. The city probably would have abandoned its use of radar and laser gun enforcement on that stretch of road if the speed limit had not been changed.
Without radar, Ashcraft said traffic enforcement would be extremely difficult.
Morgan Hill police have four or five radar guns and two laser speed guns, said traffic officer Max Cervantez. The technology is used to enforce speed limits on 85 sections of road in Morgan Hill, he said.
Police Cmdr. David Swing said he believes the new speed limit will be safe, despite concerns about the nearby middle school. Officers already use a 30-mile-per-hour “threshold,” he said, when pulling drivers over for speeding.
“I don’t see it posing a public safety risk,” he said. “Traffic already travels faster than 30 miles per hour (on that part of Monterey) … I think you can safely raise the speed limit, and people won’t go too much faster.”
Last year, Morgan Hill police made about 3,000 traffic stops citywide that resulted in about 1,600 citations and about 1,400 warnings. Not all of the citations were for speeding, Swing said. Statistics for Monterey Road in particular were unavailable.
“I don’t know if that stretch of Monterey is any greater or worse,” said Swing, but radar guns are commonly used near Britton Middle School.
Swing emphasized the importance of radar and laser technology as law enforcement tools. He said he supports the state’s guidelines that sometimes call for speed-limit adjustments like the one on Monterey. When it comes to safe driving, he said it’s all about going with the flow.
“When someone is cited for ‘speeding,’ we’re actually citing them for driving at an unsafe speed for the conditions, ” Swing said. In rare cases, the same citation can be issued for driving too slow, or for traveling at the posted speed when dangerous weather requires extra caution. “We’re not just citing them for ‘speeding.’ ”
THE SPEEDS THEY ARE A-CHANGIN’
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Faster Monterey Speed: A new 30-mile-per-hour speed limit will take effect in the next few weeks on Monterey Road between Main and Wright avenues.
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Radar Gun Snafu: A South County judge recently threw a speeding ticket out of court after ruling Morgan Hill had incorrectly set the speed limit too low near Britton Middle School. State law requires adjustments to speed limits based on traffic surveys every five years if radar guns are to be lawfully used.
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Setting The Right Speed: Changes to the speed limit are based on the premise that 85 percent of drivers will travel at a safe speed on a given road. In a 2005 survey, 85 percent of drivers on Monterey Road traveled at 33 miles per hour between Main and Wright.
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School Caution Will Be Enforced: Morgan Hill police will enforce safe speeds by Britton Middle School, and flashing signals telling drivers to go 25 miles per hour when children are present will remain in place.
