DEAR SUN SPOTS: Years ago I was driving on College Street in Lewiston. I was in a school zone where the yellow lights were flashing. The sign says 15 mph when children are present.

I was driving more than 15 mph, but the only kids around were in a fenced-in school area. I told that to the officer who pulled me over. He said you could never know when a kid would jump over the fence and into the road.

I tried to explain that the sign says 15 mph when children are present, and there weren’t any children present except for behind the fence. His answer was that as long as the yellow light is flashing, I couldn’t go any more than 15 mph regardless of whether children were present.

That ticket cost me almost $300. I’m sure it’s more by now.

Then the other day I was driving on East Avenue and the yellow lights were flashing. I was going 15 mph even though there weren’t any children around.

Going past me in the opposite direction was a sheriff’s car going well over 15 mph.

If the rule about the lights is correct, then the sheriff was speeding. Or the Lewiston officer was wrong when he gave me a ticket. — No Name, Lewiston

ANSWER: Once again Sun Spots turned to Sgt. David Chick, inspector of police for the Lewiston Police Department, who provides thorough answers complete with websites and, in this case, photos.

“I believe that the original intent of these flashing lights and signs was that they were activating at the times coinciding with the activity of children being transported and walking to the associated schools, and thereby alerting motorists to slow. There are occasions when the signals may operate outside those normal school times; either by a malfunctioning glitch or a miss in scheduling (snow cancellation, etc.).

“By design, it is inherently asking for motorists to slow beyond the normally traveled speed limits when the signals are activated (see Photo A). This stated intent is also reinforced by state statute, www.mainelegislature.org/legis/statutes/29-A/title29-Asec2074.html

“The worded language of the signs might present a technicality when it comes to a challenge against a prosecution of enforcement, and that can be carried out to extremes either way. This has required steps to be taken with new construction or replacement of old signs to change the sign wording to specify the reduced speed is applied when the lights are flashing. (See Photo B).

“The reality is that if there is no perceived enforceability, or it is left too open to individual subjectivity, then the flashing lights lose their meaning and are no longer heeded or even noticed, and safety suffers.

“There’s an old saying that common sense cannot be legislated, and it is the lack of applied common sense which results in many laws being added every year in an effort to regulate our society to a perceived standard. I like to think that it is only a few who constantly look for the loophole; but that unfortunately means that laws are often imposed upon by those same few.

“I cannot comment with regard to the mention of a sheriff’s vehicle not slowing; I have no knowledge of his operational circumstances at that time. State statutes regulate any privileges given to emergency responding vehicles, and as stated above, without the exercise of common sense and due regard for safety, rules are subject to change: mainelegislature.org/legis/statutes/29-A/title29-Asec2054.html”

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