Speeding in a work zone in New York

What is a work zone?

A work zone is an area where road repair or a construction project is going on. There are signs posted just before the work zone to alert motorists that the usual speed limit has been temporarily reduced because of the on-going work. To drive beyond the posted speed limit at a work zone is a traffic violation even if the speed at which the motorist is driving is not beyond the usual speed limit for the area. When a ticket is issued to a motorist, it is best not to ignore the ticket or to automatically pay the fine.  It would be better to first consult a New York Traffic Ticket Attorney so that you can know what your options are.

Why reduce the speed limit around a work zone?

The speed limit is reduced around a work zone to keep the construction workers safe. The city, town or state which is responsible for the construction work is also responsible to keep its workers in a reasonably safe work environment.

There is a lot of heavy equipment present at a construction work zone.  This equipment transports crew, construction material and construction debris from the work zone.  To give them ample space to safely maneuver, motorists who pass through the work zone must reduce the speed at which they are travelling.

Most road repair and road construction will alter the roadway.  Work might occupy one or more lanes on a road and so the area of the road where motorists can pass is narrowed.  Reducing the driving speed will keep accidents at a minimum around a work zone.


What are the consequences of speeding at a work zone?

When a motorist drives beyond the speed limit posted at a work zone, he will be pulled over and issued a ticket for the traffic violation. Please note that the fines for speeding are doubled when the speeding is committed at a work zone.

Thus, if the speeding violation of going up to 10 mph beyond the posted speed limit is committed at a work zone, the usual fine of $90-150 will be doubled. If the violation of driving between 11 mph up to 30 mph is committed at a work zone, the fine of $180-300 will be doubled. If the violation of driving beyond 30 mph over the posted speed limit is committed at a work zone, the fine of $360-600 will be doubled. The penalty points and the possibility of jail time are the same.


Why is speeding at a work zone more severely penalized?

§ 1180 (e) of the NY Vehicle and Traffic Law requires a motorist to reduce his driving speed ‘when any special hazard exists with respect to pedestrians, or other traffic by reason of weather or highway condition.” This law imposes an obligation upon the motorist to obey the posted speed limits at a work zone which can be considered a ‘special hazard’ or ‘highway condition’.

The penalties are stiff for speeding at a work zone and the consequent results of being found guilty of this traffic violation are a tarnished driving record and possibly higher auto insurance premium rates. There is also the possibility that if the driver accumulates 6 penalty points or more within an 18-month period, he will be required to pay a Driver Responsibility Assessment of $100 each year for three years. It would be in the best interest of the motorist to ask the advice, assistance and representation of an experienced and competent New York Traffic Ticket Attorney to dispute a speeding ticket.

Maxwell Law Firm handles traffic ticket, speeding, red light, reckless driving, seatbelt, stop sign violations. If you have received a speeding ticket in New York, Brooklyn/Kings, Queens, and Nassau Counties you may contact Maxwell Law Firm, PLLC by submitting a request for a quote on our traffic intake form or by calling 718-701-0095.