If you’re in a road construction zone, and a worker tells you to stop and you continue on, or tells you to turn left only but you turn right, have you broken the law?
What authority do they have?
(I pose this hypothetically. I know these folks are just trying to get a job done, and I wouldn’t be such a jerk as to flout their requests just because it’s possible. I’m just wondering if I could.)
WAG, but I’m sure the state DMV regs, and/or DOT regs gives road crews the authority to temporarily change the traffic/driving rules to suit their needs. The enforcement of such rules would obviously fall into police or sheriff hands. Checking the State of Maine driving demerits list, there’s an awful lot of infractions that are rather ambiguous, for that type of reason, I’m sure. Like, “Failure to obey a sign” is one, and “other moving violation” is another. These would give law enforcement a lot of latitude in dealing with this scenario. Me personally, if I blew off the road crew guys, I’d rather face the cops, than some construction worker staring me down with the buisness end of a front end loader.
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In California, the authority is apparently granted by the state.
Here is the relevant section from the California Vehicle Code
In California they post signs which read:
Traffic fines doubled in construction zones.
I guess that like all traffic violations, it is the police that have to stop you, and they will take a dim view of the risk you caused others by disobeying the road crew.
By KeithB:
This is true for Idaho and Indiana as well.
I think it’s pretty telling that here in Idaho a flagger makes about $22.00 per hour, including hazard pay.
Give those crews a brake!
BobT, what you cited from California law appears to have to do with speeding in a construction zone. That I’m pretty clear on - you can’t do it. In fact, fines are doubled in construction zones in Michigan.
I’m talking about failing to obey the ‘lawful order’ of a road construction worker when he tells you when to stop, where to go, what way to turn, etc., if indeed said worker does have some kind of granted lawful authority.
I assumed that if there are laws regarding speeding in a construction zone and the construction company can establish the zone that the construction company’s employees, e.g. a flagman has some authority.
That may be too much of a leap of faith however.
After the Northridge Earthquake, we had a couple of fools who didn’t obey the signs, the barricades, and the road crews and ended up driving off a broken freeway. Amazingly none of them died.
So there could more to worry about than a ticket.
Assuming the worker is working for a company that has been hired by the federal/state/local DOT, then they are the acting agent for that department. If they say stop, then you have to stop. If you don’t, they really can’t do anything. But if there is a cop present on the scene, he can give you all sorts of tickets, from failure to obey traffic control devices, to possible charges of Reckless Endangerment. So, listen to them, unless there are no cops anywhere around and you’re never coming back there again.