A construction zone basically refers to an area where road construction is ongoing. Drivers are expected to drive slower in these areas owing to unique features that are usually in a construction zone which may not be the case in other areas. There is a distinct process that is used in determining whether a certain area on a road is a construction zone for the purposes of traffic law in Canada. An area will be designated as a construction zone if there is any construction, reconstruction, or the maintenance of physical structure of the roadway or highway.
There must be a warning of the work of construction going on and this sign must be put up by the entity that is doing the construction work. The signs have the effect of reducing the speed limit in such zones owing to the fact that these areas usually have heavy equipment and workers who take part in construction. For one to be ticketed by the police for any speeding in a work zone there must be proper signs that are put in place by the constructing authority which must conform to the required standards. Further, there must be the presence of personnel working at the zone, barriers, work vehicles or equipment and shoulder or pavement drop offs. The reduced speed limits only become operational upon the posting of the signs. Since George wishes to fight the charge, the posting of the signs is of paramount importance as the lack of it defeats the charge.
Based on these facts it is imperative that the prosecution proves that the area in which George was caught driving at a speed of 140 km/h was a construction zone. This must be proved to show this as a central element of the offence in order to secure a conviction. Nonetheless, there is a conflicting view on this issue. There has been an evolution in the law where it is not necessary to prove that the area in which George was caught is a construction zone. Normally, speeding in a construction zone may result in a collision with other road users. The other workers on the road or near the heavy construction equipment and those others working with hand tools make it an obligation for low speeding. Nonetheless, it also need be noted that these persons in a construction zone may be hidden behind the equipment and other construction materials. As such, a driver may fail to notice or see any workers in the zone. However, this does not mean that the driver is at liberty to drive beyond the laid down limits. This is because the road could still have other hidden hazards such as reduced traction from fresh soil and uneven pavement. Given this position, it would appear superfluous for the prosecution to insist on showing that an area is a construction zone as an element of the offence knowing well the dangers fraught with over speeding in such zones.
There are both administrative as well as judicial consequences for violating the traffic laws with relation to construction zones. Some of the judicial consequences that could be visited on George upon conviction include the imposition of fines and incarceration for varying periods of time at the instance of failing to pay the laid down fines. On the other hand, some of the punishments meted by the administration may include the application of demerit points on the driver’s record which could mean that the driver could be suspended for a period of time from driving. If George is aggrieved by the judicial or administrative decision, he may exercise his right of appeal against the decision.
References
Baum-Snow, N. (2007). Did highways cause suburbanization? The Quarterly Journal of Economics, 2007, 81-89.
