Someone wrote me an e-mail and asked about double penalty fines at construction zones.  She wanted to know, if there was nobody working at the site and equipment was off to the side, could she still get a doubled fine if pulled over?

Yes and no.  Here is the law in a nutshell.  If it is a construction zone that poses an additional hazard to the roadway ( for example: lane restrictions or lane shifting) then "yes" you can get the double penalty.  If there are simply just CONES on site… then "no."

I have included the written law below:

At a time when the workers who are performing the construction, maintenance or repair of the highway are present, or when the effects of the act may be aggravated because of the condition of the highway caused by construction, maintenance or repair, including, without limitation, reduction in lane width, reduction in the number of lanes, shifting of lanes from the designated alignment and uneven or temporary surfaces, including, without limitation, modifications to road beds, cement-treated bases, chip seals and other similar conditions,

1. A governmental entity that designates an area as a temporary traffic control zone in which construction, maintenance or repair of a highway is conducted, or the person with whom the governmental entity contracts to provide such service, shall cause to be erected:

(a) A sign located before the beginning of such an area stating "DOUBLE PENALTIES IN WORK ZONES" to indicate a double penalty may be imposed pursuant to this section;

(b) A sign to mark the beginning of the temporary traffic control zone; and

(c) A sign to mark the end of the temporary traffic control zone.

2. A person who otherwise would be subject to an additional penalty pursuant to this section is not relieved of any criminal liability because signs are not erected as required by subsection 3 if the violation results in injury to any person performing highway construction or maintenance in the temporary traffic control zone or in damage to property in an amount equal to $1,000 or more.

Posted by Dayna Roselli

Categories: Travel