Background: Emergency Zones. Various laws apply to driving a motor vehicle in emergency zones. An emergency zone is comprised of the adjacent lanes of a roadway 200 feet before and after certain emergency vehicles, which include the following:

stationary emergency vehicles that are making use of audible and/or visual signals;
tow trucks that are making use of visual red lights;
other vehicles providing roadside assistance that are making use of warning lights with 360-degree visibility; and
police vehicles that are displaying a flashing, blinking, or alternating emergency light or lights.

Upon approaching an emergency zone on certain highways with four or more lanes, drivers must proceed with caution and, if reasonable, yield the right-of-way by making a lane change or moving away from the lane or shoulder occupied by the emergency vehicle.

On a highway with fewer than four lanes, drivers must proceed with caution, reduce speed, and, if reasonable, yield the right-of-way by passing to the left at a safe distance while yielding the right-of-way to all vehicles traveling the proper direction.

If changing lanes or moving away would be unreasonable or unsafe, drivers must proceed with due caution and reduce the speed of their vehicles.

Monetary penalties are doubled for drivers who violate emergency zone driving restrictions and for drivers who commit speed-related infractions in emergency zones. The total penalty and fines assessed for such an infraction currently ranges from $153 to $788—depending on the set speed limit for the zone and the amount by which the vehicle exceeds it.

A driver who operates a motor vehicle in an emergency zone in a manner that endangers or is likely to endanger any emergency zone worker or property is guilty of reckless endangerment of emergency zone workers, which is a gross misdemeanor and punishable by a fine of $1,000 and/or a sentence of up to 364 days in jail and a mandatory drivers' license suspension of 60 days.

Highway Maintenance and Construction. Drivers must yield the right-of-way to any authorized vehicle or pedestrian engaged in work on a highway within any highway construction or maintenance area indicated by official traffic control devices. Drivers must yield the right-of-way to any authorized vehicle obviously and actually engaged in work upon a highway whenever such vehicle displays flashing lights in accordance with state law.

Roadway Construction Zones. A roadway construction zone is an area where construction, repair, or maintenance work is being conducted by public employees or private contractors on or adjacent to any public roadway. No person may drive a vehicle at a speed that exceeds that allowed by traffic control devices. The Secretary of Transportation adopts standards and specifications for the use of traffic control devices in roadway construction zones on state highways.

Monetary penalties are doubled for drivers who commit infractions related to speed restrictions in a roadway construction zone. The total penalty and fines assessed for such an infraction currently ranges from $153 to $788—depending on the set speed limit for the zone and the amount by which the vehicle exceeds it.

A driver who operates a motor vehicle in a roadway construction zone in a manner that endangers or is likely to endanger any persons or property, or who removes, evades, or intentionally strikes a traffic safety or control device, is guilty of reckless endangerment of roadway workers, which is a gross misdemeanor and is punishable by a fine of $1,000 and/or a sentence of up to 364 days in jail and a mandatory drivers' license suspension of 60 days.

Summary of Bill: The traffic laws and associated offences that apply to emergency zones are expanded to apply to work zones. A work zone is comprised of the adjacent lanes of a roadway 200 feet before and after certain work vehicles when they display flashing lights or use warning lights, which include the following:

stationary or slow-moving highway construction vehicles;
highway maintenance vehicles;
solid waste vehicles; and
utility service vehicles.

It is specified that the types of authorized vehicles and pedestrians a driver must yield the right-of-way to in a highway construction and maintenance area include highway construction and highway maintenance workers and flaggers.