Title 40, Chapter 6, Section 188
( 40-6-188)
(a) As used in this Code section, the term: (1) "Highway work zone" means a segment of any highway, road, or
street where the Department of Transportation, a county, a
municipality, or any contractor for any of the foregoing is
engaged in constructing, reconstructing, or maintaining the
physical structure of the roadway or its shoulders or features
adjacent to the roadway, including without limitation underground
or overhead utilities or highway appurtenances, or any other type
of work related thereto. (2) "Work zone personnel" means employees of the Department of
Transportation, a county, a municipality, or any contractor for
any of the foregoing. (b)(1) The Department of Transportation, any county, or any
municipality may designate any segment of a highway, road, or
street under its jurisdiction as a highway work zone. (2) Whenever a highway work zone is designated pursuant to
paragraph (1) of this subsection, there shall be erected or posted
signage of adequate size at the beginning point of such highway
work zone designating the zone and warning the traveling public
that increased penalties for speeding violations are in effect for
the highway work zone, and there shall be erected or posted at the
end of such highway work zone adequate signage indicating the end
of such zone and that increased penalties for speeding violations
are no longer in effect. (c)(1) The Department of Transportation or the governing authority
of any county or municipal corporation is authorized to establish
a temporary reduction in the maximum speed limit through any
highway work zone located on or adjacent to any street or highway
under its respective jurisdiction. The commissioner of
transportation or the local governing authority shall not be
required to conduct any engineering and traffic investigation in
order to establish a reduced speed limit in a highway work zone
pursuant to this paragraph. (2) Whenever reduced speed zones are established pursuant to
paragraph (1) of this subsection, there shall be erected or posted
signage of adequate size at the beginning point of such speed zone
designating the zone and the speed limit to be observed therein,
and there shall be erected or posted at the end of such speed zone
adequate signage indicating the end of such speed zone, which
signage shall also indicate such different speed limit as may then
be observed. Signs indicating such reduced speed limit shall be
spaced not further than one mile apart throughout the highway work
zone. Where the speed limit established pursuant to paragraph (1)
of this subsection is at least ten miles per hour less than the
established speed limit on the street or highway, there shall be
erected at least 600 feet in advance of the beginning of the speed
zone a sign of adequate size which shall bear the legend "Reduced
Speed Ahead." Whenever any signage is required by this paragraph,
the same shall be in addition to the signage requirements of
paragraph (2) of subsection (b) of this Code section. (d)(1) Any signage required by this Code section shall conform to
applicable provisions of the Manual on Uniform Traffic Control
Devices; provided, however, that nothing in this Code section
shall prohibit the use of movable or portable speed limit signs in
highway work zones. (2) Any existing regulatory signage conflicting with signage
erected or posted pursuant to this Code section shall be removed,
covered, folded, or turned so as not to be readable by oncoming
motorists. (e) A person convicted of exceeding the speed limit, reduced or
otherwise, in any highway work zone designated pursuant to this Code
section and identified at the time of the violation by such signage
at the beginning of the highway work zone as required herein and, if
such speed limit was reduced as provided by this Code section, by
such signage at the beginning and in advance of such reduced speed
zone to the extent required herein shall be guilty of a misdemeanor
of a high and aggravated nature and shall be punished by a fine of
not less than $100.00 nor more than $2,000.00 or by imprisonment for
a term not to exceed 12 months, or both. The provisions of this
subsection shall apply without regard to whether work zone personnel
were present in the highway work zone when the violation occurred. (f) Whenever the Department of Transportation finds it necessary to
designate a highway work zone within a county or municipality, the
Department of Transportation shall be required to notify the county
or municipality of the work activity; provided, however, that the
failure of the Department of Transportation to give such notice
shall not be a defense to any charge of violating the speed limit in
any highway work zone. |