Section 32-5A-176.1

Speed limits in construction zones.

THIS SECTION WAS AMENDED BY ACT 2021-482 IN THE 2021 REGULAR SESSION, EFFECTIVE JULY 1, 2021. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.

(a) A person commits a construction zone moving violation if, while operating a motor vehicle, he or she commits any violation of Chapter 5 or this chapter under all of the following conditions:

(1) The person is in a construction zone designated by the Department of Transportation or a political subdivision of the state.

(2) Construction or maintenance workers are present and performing construction or maintenance work.

(3) There are work zone traffic control devices, traffic controls, or warning signs present to notify motorists and pedestrians of construction or maintenance workers in the area.

(b) The Department of Transportation may set the speed limits in urban and rural construction zones along state and interstate highways and the county commission of a county may set the speed limits in urban and rural construction zones along county roads or highways. The construction zone speed limits shall be posted on the department's standard size speed limit signs at least one hundred feet in advance of the entrance to a construction zone. Law enforcement authorities shall enforce construction zone speed limits.

(c) Upon conviction of a construction zone moving violation, the operator of the motor vehicle shall be assessed a fine of the greater of two hundred fifty dollars ($250) or double the amount prescribed by law outside a construction zone.

(d) Warning signs shall be placed at the entrance of the construction zone and shall warn of additional fines for committing a moving violation within a construction zone. The signs shall also state that the additional fines are applicable only when construction personnel are present.

(e) The Department of Transportation may adopt and implement administrative rules and procedures to enforce this section and to ensure the safety of private and public construction and maintenance personnel working in designated construction zones on state and interstate highways. A county commission may promulgate and implement administrative rules and procedures as it deems necessary to enforce this section on county roads and highways, provided the rules and procedures are not in conflict with those set by the Department of Transportation.

(f) A person subject to a penalty pursuant to this section may not be assessed additional court costs on conviction.

(g) Fines assessed under this section shall be collected and distributed as other fines for moving violations are collected and distributed, as provided by law.

(Acts 1988, 1st Sp. Sess., No. 88-917, p. 511, §§1, 2; Act 2001-464, p. 618, §§1, 2; Act 2003-344, p. 869, §1; Act 2021-482, §1.)