Inactive Construction Speed Zone

image of sign for construction speed zone I am occasionally asked why a construction speed zone is in effect when there is no work being carried out at the time. The standard response from government is that hazardous situations may exist and the reduced speed is necessary to be safe. Examples given are parked equipment, uneven pavement at the edges of lanes and no shoulder.

Circumstances of the Offence

Highway 37 between Terrace and Kitimat was being resurfaced from kilometre 36 to 56. Black on orange signs at each end of the zone indicated a speed of 70 km/h in what was usually a 100 km/h speed limit. There did not have tabs indicating that this was a construction speed zone.

Driver did Not Pass the Speed Signs

Nicholas Markowsky entered Highway 37 at Westside Road on a Sunday evening and was unaware of the signs posted at the ends of the construction speed zone. He did see other related warning signs at the side of the road but they were turned parallel to the road indicating that they were not in effect.

Speeding Ticket Dispute

Mr. Markowsky's speed in that zone was measured by police at 100 km/h. He was stopped and issued a ticket for speeding under section 146(3) which he disputed.

At his trial Mr. Markowsky produced photos of the highway. Justice Adair observed that

They showed effectively perfect driving conditions: a beautiful sunny day, a modern straight highway, fresh asphalt on all surfaces, temporary road markings in the centre of the road, and equipment parked off the Highway. No workers were present.

He went on to say that

Section 138 specifies that protective construction signs must be placed on a highway where “… work is being carried out…” (emphasis added). On that date in question there was no work being carried out.

Justice Adair dismissed the ticket.

A Better Reason to Dismiss the Ticket

Regulatory speed signs are defined in the Motor Vehicle Act Regulations as being black on white. The charge under 146(3) requires the presence of a regulatory highway sign which was not in evidence here. It would be better to have dismissed the ticket for this reason.

Is Work Being Carried Out in a Construction Zone?

The interpretation of whether work is being carried out or not made by Justice Adair may not survive a test in higher courts. The intent of the speed zone is to keep traffic safe, even in situations where workers are not active on the highway.