Orange speed limit signs in construction zones

[Bithabus]

An orange temporary speed limit sign is not an official traffic control device, right?

 

[tenfeathers]

yes it is and the cost of disobeying is very costly, been there done that

 

[WadeP]

They are not an official speed limit as the speed limit on a road is set by ordinance by TxDOT, the County or City Council - whoever owns the road. The orange signs are temporary and but are still official signs and if I recall correctly, if you fail to obey that temporary speed limit, the offense is not "Speeding Over Limit", it's something like "Fail to Obey Warning Signs" or "Unsafe Speed" or something else.

 

[Wolfwood]

IIRC fines double in these zones as well.

 

[Bithabus]

Found the answer: the orange signs are warning signs, not regulatory signs. The prima facie speed limit remains whatever is posted on the regular white and black sign.

 

[Wolfwood]

source?

 

[Charlie]

Not sure about the construction areas but it was my understanding (and I've been wrong once or twice before) that the yellow signs with speed numbers on a curve, etc. (not road construction) are caution signs suggesting safe speeds to travel around particular curves, etc., not a posted speed "limit". Anyone know if that's correct?

 

[majormadmax]

You decide...

§ 472.022. OBEYING WARNING SIGNS AND BARRICADES.
(a) A person commits an offense if the person:
(1) disobeys the instructions, signals, warnings, or markings of a warning sign; or
(2) drives around a barricade.
(b) This section does not apply to:
(1) a person who is following the directions of a
police officer; or
(2) a person, including an employee of the department,
a political subdivision of this state, or a contractor or
subcontractor, whose duties require the person to go beyond or
around a barricade.
(c) Each violation of this section is a separate offense.
(d) An offense under this section is a misdemeanor
punishable by a fine of not less than $1 or more than $200, except
that:
(1) if the offense is committed in a construction or
maintenance work zone when workers are present and any written
notice to appear issued for the offense states on its face that
workers were present when the offense was committed, the offense is
a misdemeanor punishable by a fine of not less than $2 or more than
$400; or
(2) if a person commits an offense under Subsection
(a) where a warning sign or barricade has been placed because water
is over any portion of a road, street, or highway, the offense is a
Class B misdemeanor.
(e) In this section:
(1) "Barricade" means an obstruction:
(A) placed on or across a road, street, or
highway of this state by the department, a political subdivision of
this state, or a contractor or subcontractor constructing or
repairing the road, street, or highway under authorization of the
department or a political subdivision of this state; and
(B) placed to prevent the passage of motor
vehicles over the road, street, or highway during construction,
repair, or dangerous conditions.
(2) "Construction or maintenance work zone" means a
portion of a highway or street:
(A) where highway construction or maintenance is
being undertaken, other than mobile operations as defined by the
Texas Manual on Uniform Traffic Control Devices; and
(B) that is marked by signs:
(i) indicating that it is a construction or
maintenance work zone;
(ii) indicating where the zone begins and
ends; and
(iii) stating: "Fines double when workers
present."
(3) "Warning sign" means a signal, marking, or device
placed on a barricade or on a road, street, or highway during
construction, repair, or dangerous conditions by the department, a
political subdivision of this state, or a contractor or
subcontractor to warn or regulate motor vehicular traffic. The
term includes a flagger deployed on a road, street, or highway by
the department, a political subdivision of this state, or a
contractor or subcontractor to direct traffic around or on the
road, street, or highway during construction, repair, or dangerous
conditions.
(f) Articles 45.051 and 45.0511, Code of Criminal
Procedure, do not apply to an offense under this section committed
in a construction or maintenance work zone when workers are
present.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1997, 75th Leg., ch. 674, § 1, eff. Jan. 1, 1998; Acts
1999, 76th Leg., ch. 789, § 1, 2, eff. Sept. 1, 1999; Acts 1999,
76th Leg., ch. 965, § 1, eff. Sept. 1, 1999; Acts 1999, 76th
Leg., ch. 1088, § 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg.,
ch. 1420, § 19.005, eff. Sept. 1, 2001; Acts 2003, 78th Leg.,
ch. 991, § 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1182,
§ 3, eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch. 576, § 1, 2
eff. Sept. 1, 2005.

 

[majormadmax]

Not sure about the construction areas but it was my understanding (and I've been wrong once or twice before) that the yellow signs with speed numbers on a curve, etc. (not road construction) are caution signs suggesting safe speeds to travel around particular curves, etc., not a posted speed "limit". Anyone know if that's correct?

That is correct, a sign like this is only advisory...

But the signs in construction zones like this are different and enforceable...

Cheers! M2

 

[okie556]

Found the answer: the orange signs are warning signs, not regulatory signs. The prima facie speed limit remains whatever is posted on the regular white and black sign.

May not be regulatory signs but as WolfWood has already posted.......in construction areas, the fine is usually doubled.

 

[txinvestigator]

May not be regulatory signs but as WolfWood has already posted.......in construction areas, the fine is usually doubled.

Only when workers are present

 

[zembonez]

Not only are the fines doubled (when workers are present), the officers on patrol issue ZERO warnings and patrol the construction zones like a hawk in Austin. They are very enforceable and enforce em they do!

 

[Bithabus]

That is correct, a sign like this is only advisory...

But the signs in construction zones like this are different and enforceable...

Cheers! M2

That orange construction sign advertising a 25 mph limit is a warning sign. Apparently you can be cited for ignoring one of those signs, but 25mph is not the speed limit in that area.

 

[Bithabus]

source?

Traffic Planning Publications - TMUTCD Read 6F

Also relevant: TRANSPORTATION CODE  CHAPTER 544. TRAFFIC SIGNS, SIGNALS, AND MARKINGS

TRANSPORTATION CODE  CHAPTER 545. OPERATION AND MOVEMENT OF VEHICLES

 

[zembonez]

That orange construction sign advertising a 25 mph limit is a warning sign. Apparently you can be cited for ignoring one of those signs, but 25mph is not the speed limit in that area.

Regardless of the hair splitting... you can and will get an enforceable fine for exceeding the 25 mph "warning" sign... so tell me what's the difference?

Sounds like a speed limit to me.

 

[Bithabus]

Regardless of the hair splitting... you can and will get an enforceable fine for exceeding the 25 mph "warning" sign... so tell me what's the difference?

Sounds like a speed limit to me.

Well, in my case the Officer gave me a citation for doing 68 in a 55. The orange warning sign read "55" and he said that was the speed limit, and the citation has "55" listed as the speed limit. The speed limit is 70mph on that road, at the time I was stopped by this Officer. Yes, he could have cited me for failing to heed the sign, or for going 68 in a 70 when the conditions made my speed imprudent, but he did not, and the offense he cited me for did not occur. So that's good for me.

 

[zembonez]

That is cool.

I wish they looked at it like that here. They are militant between Austin and San Marcos.

 

[Bithabus]

That is cool.

I wish they looked at it like that here. They are militant between Austin and San Marcos.

Not sure what you mean. The cop who cited me was just confused. BTW, this happened on 183N approaching 1327.

 

[WadeP]

Bithabus, if he wrote you for speeding, that's not the right offense and you can go to the judge and contest it.

 

[Texan2]

Bithabus, if he wrote you for speeding, that's not the right offense and you can go to the judge and contest it.

Of course the judge coulde dismiss it and the officer could immediatly re-issue you a citation for the correct offense. Doesnt really get you anywhere in most cases.