603 KAR 5:320. Safety in highway work zones.
RELATES TO: KRS 189.232, 189.2325,
189.390(4)(b), 189.394(6)
STATUTORY AUTHORITY: KRS 174.080,
189.2325
NECESSITY, FUNCTION, AND CONFORMITY: KRS
189.2325 requires the Transportation Cabinet to promulgate administrative
regulations governing the posting of signs advising motorists that penalties
are increased for traffic violations occurring on state-maintained streets or
highways in a highway work zone. KRS 189.390(4)(b) authorizes the
Transportation Cabinet to temporarily reduce established speed limits in a
highway work zone without an engineering or traffic investigation. This
administrative regulation establishes guidelines for the posting of signs in
highway work zones and addresses the maximum reduction in speed limit the
Transportation Cabinet may be able to effect without an engineering or traffic
investigation.
Section 1. Definition. "Highway work
zone" is defined by KRS 189.232.
Section 2. Double Fine Signs. (1) At the
beginning of that portion of a highway work zone where the fines for traffic
violations are to be doubled, the Department of Highways shall place a sign
with the following message: "Fine Doubled in Work Zone".
(2) At the end of that portion of a
highway work zone where the fines for traffic violations are to be doubled, the
Department of Highways shall place a sign with the following message: "End
Double Fine".
(3) The construction or manufacture of
double fine signs shall be governed by the criteria set forth in the Department
of Highways document "Double Fine Signs Specifications".
(4) The signs required by subsections (1)
and (2) of this section shall be removed or covered so that the required message
is not visible or legible to the traveling public or a law enforcement officer
when the highway work zone does not have a worker present for more than a two
(2) hour period of time.
Section 3. Placement of Double Fine
Signs. (1) A highway work zone shall be eligible for placement of the double
fine signs if:
(a) A worker is not routinely protected
by a barrier wall; or
(b) A condition exists which exposes a
worker to traffic hazards.
(2) The double fine signs shall only be
placed to affect that portion of the highway work zone where a worker is
exposed to traffic hazards.
(3) The double fine signs may be
relocated as the project taking place in the highway work zone progresses.
(4)(a) If the highway on which the
"double fine signs" are to be placed is not a divided highway, the
fine shall be doubled for both directions of travel.
(b) The "double fine signs"
specified in Section 2 of this administrative regulation shall be placed facing
the on-coming traffic at both ends of the work zone on a highway which is not
divided.
(5) If the highway on which the
"double fine signs" are to be placed is a divided highway, the fine
shall be doubled only for a direction of traffic which is signed pursuant to
this administrative regulation.
Section 4. State Forces. The Department
of Highways engineer overseeing a construction or maintenance project which is
being accomplished with state forces may place double fine signs in accordance
with this administrative regulation.
Section 5. Encroachment Permit Holders
and Contractors for the Department. (1) An applicant for an encroachment permit
pursuant to 603 KAR 5:150 or a contractor for the department who will have
workers exposed to traffic hazards may request permission to place double fine
signs in accordance with this administrative regulation.
(2) The Department of Highways engineer
who approves the encroachment permit or serves as engineer for the project
shall grant or deny the request to place double fine signs at a highway work
zone based on the criteria established in Section 3(1) of this administrative
regulation.
(3) The Department of Highways engineer
who approves an encroachment permit or oversees a construction project request
for work on a highway which has hazardous conditions may require the permit
holder to place double fine signs at the highway work zone.
(4) The placement of a double fine sign
in a work zone shall not relieve a permit holder or contractor from his duty to
have an approved traffic control plan for each work location.
(5) The double fine signs placed by the
permit holder or contractor shall meet the requirements of the "Double
Fine Sign Specifications".
(6) A permit holder or contractor shall
notify the Transportation Cabinet of the times and locations of the placement
of the double fine signs.
Section 6. Reduced Speed Limits. (1) The
Department of Highways may temporarily reduce the speed limit in a highway work
zone.
(2) The Department of Highways shall not
reduce the speed limit in a highway work zone by more than fifteen (15) miles
per hour without an engineering or traffic investigation if the highway work
zone is located on a section of highway with a speed limit of seventy (70)
miles per hour.
(3) The Department of Highways shall not
reduce the speed limit in a highway work zone by more than ten (10) miles per
hour without an engineering or traffic investigation if the highway work zone
is located on a section of highway with a speed limit of sixty-five (65) miles
per hour or less.
(4) A temporarily reduced speed limit in
a highway work zone shall be signed with a black on white regulatory sign.
(5) A black on orange sign recommending a
speed shall be advisory.
(6) The Department of Highways engineer
in charge of a maintenance or construction project may temporarily reduce the
speed limit in a highway work zone without placing double fine signs in the
zone.
Section 7. Incorporation by Reference.
(1) "Double Fine Sign Specifications", August 2007 Edition,
Department of Highways, is incorporated by reference.
(2) This material may be inspected,
copied, or obtained, subject to applicable copyright law, at the Transportation
Cabinet, Department of Highways, Division of Traffic Operations, 200 Mero
Street, Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. to 4:30 p.m. (23
Ky.R. 2641; eff. 2-10-1997; 35 Ky.R. 633; 1460; eff. 1-5-2009.)
