Amendment ID: S2204-1-R1

Redraft Amendment 1

Promoting construction zone safety

Messrs. Tarr, Moore and O'Connor move that the proposed new draft be amended by inserting after section 9 the following section:-

“SECTION 9A. Said chapter 90 of the General Laws is hereby further amended by inserting after section 17 the following section:-             

Section 17½. (a) For purposes of this section, “active construction zone” shall mean an area on a public highway or on the adjacent right of way where construction, repair, maintenance or survey work is being performed by the department or by a utility company or a private contractor under contract with the department.

(b) Notwithstanding section 18, the department may establish a speed limit in an active construction zone without conducting an engineering study. A rate of speed in excess of a speed limit posted under this section shall be prima facie evidence that the motor vehicle’s speed was not reasonable and proper. A violation of this section shall be punishable by a fine of 2 times the amount that would be imposed for such a violation in that area if the area were not designated as a construction zone.

A construction zone speed limit shall be effective when signs giving notice of that speed limit are prominently displayed and construction, repair, maintenance or survey work is being performed. The signs may carry either a fixed speed limit or an electronic message that displays adjusted speed limits when work is being performed. The signs shall notify motorists that the fine for a violation of the posted speed limit is doubled in the construction zone.