Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS 189.232,
189.2325,
189.390(4)(b),
189.394(6)
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.
STATUTORY AUTHORITY:
KRS
174.080,
189.2325