§ 98-205. Highway and street construction or work zone defined; motor vehicle violations; penalty.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Construction zone and work zone mean any area upon or around any highway or public street as defined in RSMo 302.010, and/or the ordinances of the city, which is visibly marked by the director of public works or the state department of transportation or a contractor performing work for the department as an area where construction, maintenance, or other work is temporarily occurring. The terms "work zone" and "construction zone" also include the lanes of highway leading up to the area upon which an activity described in this subsection is being performed, beginning at the point where appropriate signs directing motor vehicles to merge from one lane into another lane are posted.

(b)

Penalty for moving violation. Upon conviction or a plea of guilty by any person for a moving violation as defined in RSMo 302.010, or any offense listed in RSMo 303.302, the court shall assess a fine of $35.00 in addition to any other fine to be imposed by law, if the offense occurred within a construction zone or a work zone.

(c)

Penalty for speeding violation. Upon conviction or a plea of guilty by any person for a speeding violation pursuant to either RSMo 304.009 or RSMo 304.010, or a passing violation pursuant to subsection (f) of this section, the court shall assess a fine of $250.00 in addition to any other fine authorized by law, if the offense occurred within a construction zone or a work zone and at the time the speeding or passing violation occurred there was any person in such zone who was there to perform duties related to the reason for which the area was designated a construction zone or work zone. However, no person assessed an additional fine pursuant to this subsection shall also be assessed an additional fine pursuant to subsection (b) of this section, and no person shall be assessed an additional fine pursuant to this subsection if no signs have been posted pursuant to subsection (d) of this section.

(d)

Warning signs required for penalty enforcement. The penalty authorized by subsection (c) of this section shall only be assessed by the court if the public works director, department of transportation or contractor performing work for the department of transportation has erected signs upon or around a construction or work zone which are clearly visible from the highway and which state substantially the following message: "Warning: $250.00 fine for speeding or passing in this work zone."

(e)

When warning signs should not be visible. During any day in which no person is present in a construction zone or work zone established pursuant to subsection (c) of this section to perform duties related to the purpose of the zone, the sign warning of additional penalties shall not be visible to motorists. During any period of two hours or more in which no person is present in such zone on a day in which persons have been or will be present to perform duties related to the reason for which the area was designated as a construction zone or work zone, the sign warning of additional penalties shall not be visible to motorists. The director of public works, department of transportation or contractor performing work for the department of transportation shall be responsible for compliance with provisions of this subsection. Nothing in this subsection shall prohibit warning or traffic control signs necessary for public safety in the construction or work zone being visible to motorists at all times.

(f)

Passing in work zone prohibited. The driver of a motor vehicle may not overtake or pass another motor vehicle within a work zone or construction zone. This subsection applies to a construction zone or work zone located upon a highway divided into two or more marked lanes for traffic moving in the same direction and for which motor vehicles are instructed to merge from one lane into another lane by an appropriate sign erected by the director of public works, department of transportation or a contractor performing work for the department of transportation.

(g)

Interpretation. This section shall not be construed to enhance the assessment of court costs or the assessment of points pursuant to RSMo 302.302.

(Code 1969, § 27-134; Ord. No. 1725, § 2, 8-23-1999)

State law reference

Similar provisions, RSMo 304.580.