The infraction or offense of speeding in a construction or work zone is committed when the driver of a motor vehicle in a marked construction/work zone exceeds the posted speed limit or exceeds the speed limit that is reasonable and prudent under the circumstances or conditions—conditions such as the road (straight, curved, wet, dry, icy, flat, hilly); the weather (clear, foggy, raining, snowing); and the visibility (smoke from a grass fire or a tractor trailer obstructing the view).
Laws vary from state to state and in many states the construction or work zone speed limit only applies when workers are present and the zone is clearly marked with signs. But drivers should be aware that the construction or work zone often extends past where barrels or other barriers have been placed on the road and the reduced speed limit continues to apply until there is a sign indicating an increased speed limit.
Laws regarding speeding in a construction or work zone (and their enforcement) vary from state to state and among cities and towns (local ordinances) and are usually located in a state’s statutes. The penalty for speeding in a construction or work zone is usually a fine and demerit points added to the driver’s license or driving record. But the fines and penalties for speeding in a construction zone are usually much greater than for a typical speeding ticket or citation—for example, fines may be doubled.
In Texas, speeding in a construction or work zone is considered a serious offense. The state enforces what is known as the 'Move Over/Slow Down' law, which requires drivers to either vacate the lane closest to the TxDOT (Texas Department of Transportation) vehicles, emergency vehicles, or tow trucks when they are stopped with overhead lights flashing, or to slow down to 20 mph below the posted speed limit. If the speed limit is below 25 mph, the driver must slow down to 5 mph. This law is applicable to roadways with two or more lanes traveling in the direction of the emergency vehicle. The fines for speeding in a construction zone in Texas can be up to $2,000, and this is often doubled when workers are present. Additionally, traffic fines in general double in construction zones when workers are present, even if there are no reduced speed limits posted. It's important for drivers to pay attention to signs indicating the beginning and end of a construction zone to ensure compliance with the reduced speed limits and to avoid hefty fines and potential points on their driving record.
