I agree that highway signs do become obscured by nature but it has been my personal experience and that of my wife that when this has been pointed out to an officer on location or a judge at a hearing through photos that no ticket is issued by the officer or the ticket is thrown out by the judge. During one of these occasions the judge actually admonished the officer for wasting the courts time by writing a ticket that could not be enforced because the sign was not visible.C-dub wrote:Absolutely true, but they are not at or sometimes even near all the entrances to a highway. Sometimes they are not even within the section that I will drive on. And there are many speed limit signs on city streets that are blocked or semi obscured by tree limbs or bushes.jmra wrote:The speed limit sign is "displayed in a conspicuous manner clearly visible to the public". The 30.06 must also be "displayed in a conspicuous manner clearly visible to the public" in order to meet the requirements of the law.johnson0317 wrote:The law seems to have more to do with your own due diligence to be looking for, and aware, of the posted sign than for them to make it a "slap you across the face" sort of encounter. There can be a perfectly legal sign posted on the entrance door, and people are going to miss it for whatever reason (and we wonder why people wander around in condition white). You can not use missing a posted sign as an excuse unless it is truly blocked from view. It is like trying to get out of a speeding ticket because you did not notice the sign that changed the speed limit from 70 to 35.
I don't know about you but when I am driving I don't have to "look" for speed limit signs, they pretty much jump out at you. Nor do I read anywhere in 30.06 where the burden is placed on me to find a sign. In fact by the wording "displayed in a conspicuous manner clearly visible to the public" the burden is placed on the displayer of the sign to ensure that it is placed where for all practical purposes I can't miss it.
There are also some instances where I may be more concerned with the traffic around me and miss a sign. This has happened to me more than once and I've been honked at for not increasing from 60 to 65 mph. I did finally see the sign on another trip, so I now know that area is 65 mph.
I am not suggesting that someone put blinders on when entering a building while carrying. I am suggesting that the displayer has the responsibility to ensure that the sign is clearly visible to the public.
I understand being concerned about traffic around you and missing a sign and I see how that could happen with a 30.06 sign in a "high traffic" entrance. But I also believe that is something the displayer must take into consideration. When you are on an 8 lane interstate in the middle of a heavily populated area an upcoming exit is going to be marked by a large overhead sign not a 12"x16" sign of the shoulder of the road. I believe this is the same intent of the law when it states "displayed in a conspicuous manner clearly visible to the public".
.... kinda makes your heart jump into your throat when you first realize it, asking "did I just break the law?" One Austin-area hospital in particular has about three or four different types of signage, one of which is valid/enforceable - and it's only posted on ONE DOOR. But again, if you made an honest effort to look for proper signage (as we all should - it's our responsibility) and you didn't see it and you didn't get stopped, questioned, harassed, arrested - then again - don't sweat it.