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  1. #1
    Join Date
    Apr 2009
    Posts
    1

    Default Not Posting Construction Speed Limits

    My question involves a speeding ticket from the State of: indiana

    I was driving through a construction zone. Usually construction zones speed limits are 40 mph. But do they have to have a sign posting this speed limit. They have no signs stating the temporary speed limit and have not covered up the original speed limit signs of 55. I thought to be considered a speed it has to be posted. Am i correct on this issue

  2. #2
    Join Date
    Mar 2009
    Location
    Illinois
    Posts
    266

    Default Re: Not Posting Construction Speed Limits

    IC 9-21-5-11

    Temporary maximum speed limits; worksite speed limits; penalties
    Sec. 11. (a) Subject to subsection (b), the Indiana department of transportation, the Indiana finance authority, or a local authority may establish temporary maximum speed limits in their respective jurisdictions and in the vicinity of a worksite without conducting an engineering study and investigation required under this article. The establishing authority shall post signs notifying the traveling public of the temporary maximum speed limits established under this section.
    (b) Worksite speed limits set under this section must be ten (10) miles below the maximum established speed limit. A worksite speed limit may not exceed forty-five (45) miles per hour in any location.
    (c) A worksite speed limit set under this section may be enforced only if:
    (1) workers are present in the immediate vicinity of the worksite; or
    (2) if workers are not present in the immediate vicinity of the worksite, the establishing authority determines that the safety of the traveling public requires enforcement of the worksite speed limit.
    (d) Notwithstanding IC 34-28-5-4(b), a judgment for the infraction of violating a speed limit set under this section must be entered as follows:
    (1) If the person has not previously committed the infraction of violating a speed limit set under this section, a judgment of at least three hundred dollars ($300).
    (2) If the person has committed one (1) infraction of violating a speed limit set under this section in the previous three (3) years, a judgment of at least five hundred dollars ($500).
    (3) If the person has committed two (2) or more infractions of violating a speed limit set under this section in the previous three (3) years, a judgment of one thousand dollars ($1,000).
    (e) Notwithstanding IC 34-28-5-5(c), the funds collected as judgments for the infraction of violating a speed limit set under this section shall be transferred to the Indiana department of transportation to pay the costs of hiring off duty police officers to perform the duties described in IC 8-23-2-15(b).
    As added by P.L.2-1991, SEC.9. Amended by P.L.116-2001, SEC.1; P.L.235-2005, SEC.125; P.L.40-2007, SEC.2.
    The speed laws in full are Here

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