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Rules when workers are present

With spring weather upon us, it means the road construction season is right around the corner. At a presentation, I was asked, “What does ‘workers present’ mean in construction zones? Is it the immediate area workers are in, or is the speed zone in effect the rest of the work zone distance once workers are observed?” I am just like everyone else when I see the sign “Work Zone Ahead” or “Work Zone Begins.” I dread the thought of knowing I could be stuck in traffic or even become frustrated that my trip may be delayed. However, as unhappy as those signs make most drivers for a large portion of the summer, they are put there for a reason: safety.

MCL 257.79d discusses what a Work Zone is defined as. It states, “Work zone” means a portion of a street or highway that meets any of the following: (a) Is between a “work zone begins” sign and an “end road work” sign. (b) For construction, maintenance, surveying, or utility work activities conducted by a work crew and 1 moving or stationary vehicle…”

MCL 257.627 discusses Speed Limits. Sec. (6) specifically discusses “work zones.” Sec. (6) states, “A person operating a vehicle on a highway, when entering and passing through a work zone … where a normal lane or part of the lane of traffic has been closed due to highway construction, maintenance, or surveying activities, shall not exceed a speed of 45 miles per hour unless a different speed limit is determined for that work zone … The state transportation department, a county road commission, or a local authority shall post speed limit signs in each work zone … and shall identify that work zone with any other traffic control devices necessary to conform to the Michigan manual of uniform traffic control devices. A person shall not exceed a speed limit established under this section…”

The easiest way to explain this is that work zones have to post speed limit signs, typically at 45 mph where workers are present. When you’re driving in a construction zone, the easiest way to avoid a ticket is to drive the speed limit posted on the sign.

However, there is more to the signs you see within the work zone. You may see a sign that says “where workers present 45,” which means when you see workers you must drive 45 mph as you pass them. It specifically applies to workers standing within one car length of the barrel line in a construction zone. The next questions is, “What do you do if you see the “where workers present 45″ sign but there are no workers present?” Typically, on a freeway the standard speed in a work zone where there is no work being done is 60 mph.

In the beginning of this column, I talked about how the speed limit being lowered in work zones was in regard to safety. As a trooper, a large portion of our job is spent on the highways. From conducting traffic stops to policing the accidents, there is never a time we are completely safe as we preform everyday tasks of our job, let alone a construction worker who spends all of their day working near the highways. I hate having to slow down in my personal travels for construction zones just as much as the next guy, but don’t be that person who continues at the set speed limit. I guarantee arriving at your destination on time would never be worth the chance of taking another’s life just to spare yourself a few minutes.

As for the legal consequences, in 1997 state lawmakers in Michigan doubled the fines for speeding in work zones. Extra points are also assessed for speeding in construction zones. For example, going 61 mph in a 45 mph zone can land you five points on your license. Under Public Act 103, also known as “Andy’s Law,” there are penalties of up to one year in prison for injuring and up to 15 years in prison for killing a construction worker in addition to a maximum penalty up to $7,500. Offenses included in “Andy’s Law” include careless driving and criminal offenses such as drunk driving and reckless driving.

So when you see the work zone signs and there is a specific speed limit posted, as the bumper stickers say, “Give’em A Brake.” Driving on the highways requires your full attention. Then add in a construction zones where equipment is moving around with orange barrels marking the lanes and lane shifts. It is better to be safe than sorry is the way I look at it, so please obey the laws and follow the speed limit signs in construction zones.

Ashley Simpson is a Community Service Trooper for the MSP Alpena Post. If you have a question for Trooper Simpson, you can email her at asktroopersimpson@gmail.com or mail them to Ask A Trooper, Michigan State Police – Alpena Post, 3283 W. Washington Ave, Alpena, MI 49707.

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