Can I be ticketed for speeding in a California work zone if no one is working? Here’s the law

With construction planned for a major California highway, drivers are likely to encounter lane closures, traffic and detours.

The California Department of Transportation says drivers should not speed in construction zones. They should also obey the posted speed limits, watch for workers and drive with caution.

What if roadwork crews aren’t present? Do you still have to follow the speed limit under California law?

Here’s what our journalists with How To California — a community-driven series to help readers navigate life in the Golden State — found:

What’s the speed limit in a highway construction zone?

California Vehicle Code 22362 says it is a violation of the law to drive faster than the posted speed limit through a highway construction zone where workers are present and could be endangered by passing traffic.

This applies to all highways, as defined by California Vehicle Code 360, which states that a “highway” is a publicly maintained place open to public use for vehicles.

“Highway includes street,” the code states.

This law applies only when signs indicating the speed limit and the boundaries of the construction zone are placed within 400 feet of each end of the zone.

In construction work zones on the state highway system, Caltrans said the speed limit should be reduced by 10 mph from the posted limit unless an exception is granted.

The speed limit has been reduced to 55 mph during construction of the I-5.

Speed limits in construction zones can be set as low as 25 miles per hour, the law says.

Do I have to follow the speed limit if workers are not present?

According to California law firm Roberts and Spiegel, drivers must always follow posted speed limits and safety signs and even if construction workers are not present.

“It’s important to slow down whether you see workers present or not, as the roads surrounding construction areas can be unsafe and the construction personnel may be closer than you realize,” the law firm said.

What are penalties for violating construction zone speed limits?

Violating construction zone speed limits in California can result in hefty fines, with the exact amounts depending on the driver’s speed.

There can also be other consequences beyond fines.

“If you cause a car accident in a construction zone that injures someone or in the worst case scenario leads to a fatality, you could face civil liability, meaning you could be responsible for another person’s financial losses,” the law firm said.

According to the law firm, you could face criminal charges depending on the circumstances, including if you break the speed limit while workers are present in the construction zone.

How much does a speeding ticket cost in California?

Any driver caught going faster than that speed limit could be issued a speeding ticket, according to NerdWallet.

Depending on how fast the driver was going, fines can range from $35 to $500, not including additional penalties, court fees or higher insurance premiums.

This story was originally published June 24, 2024 at 11:03 AM with the headline "Can I be ticketed for speeding in a California work zone if no one is working? Here’s the law."

Angela Rodriguez

The Modesto Bee

279-386-2738

Angela Rodriguez is a service journalism reporter for The Bee. She is a graduate of Sacramento State with a bachelor’s degree in journalism. During her time there, she worked on the State Hornet covering arts and entertainment.