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  1. #1
    Live free, or die. Bithabus's Avatar
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    Orange speed limit signs in construction zones

    An orange temporary speed limit sign is not an official traffic control device, right?
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  2. #2
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    yes it is and the cost of disobeying is very costly, been there done that

  3. #3
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    They are not an official speed limit as the speed limit on a road is set by ordinance by TxDOT, the County or City Council - whoever owns the road. The orange signs are temporary and but are still official signs and if I recall correctly, if you fail to obey that temporary speed limit, the offense is not "Speeding Over Limit", it's something like "Fail to Obey Warning Signs" or "Unsafe Speed" or something else.
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  4. #4
    Self Appointed Board Chauvinist Wolfwood's Avatar
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    IIRC fines double in these zones as well.
    Quote Originally Posted by BigBoss0311 View Post
    If you are from Texas and you don't drink Shiner, then f*** you.
    every time you call a magazine a clip, a box with 13 puppies inside it is set on fire and thrown off a building

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    ...you never know what a person will do when faced with a decision. Some people will roll over, others will become Chuck Norris on Bath Salts.
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  5. #5
    Live free, or die. Bithabus's Avatar
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    Found the answer: the orange signs are warning signs, not regulatory signs. The prima facie speed limit remains whatever is posted on the regular white and black sign.
    Ban hurricanes

  6. #6
    Self Appointed Board Chauvinist Wolfwood's Avatar
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    source?
    Quote Originally Posted by BigBoss0311 View Post
    If you are from Texas and you don't drink Shiner, then f*** you.
    every time you call a magazine a clip, a box with 13 puppies inside it is set on fire and thrown off a building

    Quote Originally Posted by BG1960 View Post
    ...you never know what a person will do when faced with a decision. Some people will roll over, others will become Chuck Norris on Bath Salts.
    Quote Originally Posted by M. Sage View Post
    I don't want to find out. Stupidity and pain both make me angry...

  7. #7
    TGT Supporter Charlie's Avatar
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    Not sure about the construction areas but it was my understanding (and I've been wrong once or twice before) that the yellow signs with speed numbers on a curve, etc. (not road construction) are caution signs suggesting safe speeds to travel around particular curves, etc., not a posted speed "limit". Anyone know if that's correct?
    If you can't be kind, at least have the decency to be vague. ....
    I didn't say it was your fault... I said I was blaming you.

  8. #8
    Senior Member majormadmax's Avatar
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    You decide...

    472.022. OBEYING WARNING SIGNS AND BARRICADES.
    (a) A person commits an offense if the person:
    (1) disobeys the instructions, signals, warnings, or markings of a warning sign; or
    (2) drives around a barricade.
    (b) This section does not apply to:
    (1) a person who is following the directions of a
    police officer; or
    (2) a person, including an employee of the department,
    a political subdivision of this state, or a contractor or
    subcontractor, whose duties require the person to go beyond or
    around a barricade.
    (c) Each violation of this section is a separate offense.
    (d) An offense under this section is a misdemeanor
    punishable by a fine of not less than $1 or more than $200, except
    that:
    (1) if the offense is committed in a construction or
    maintenance work zone when workers are present and any written
    notice to appear issued for the offense states on its face that
    workers were present when the offense was committed, the offense is
    a misdemeanor punishable by a fine of not less than $2 or more than
    $400; or
    (2) if a person commits an offense under Subsection
    (a) where a warning sign or barricade has been placed because water
    is over any portion of a road, street, or highway, the offense is a
    Class B misdemeanor.
    (e) In this section:
    (1) "Barricade" means an obstruction:
    (A) placed on or across a road, street, or
    highway of this state by the department, a political subdivision of
    this state, or a contractor or subcontractor constructing or
    repairing the road, street, or highway under authorization of the
    department or a political subdivision of this state; and
    (B) placed to prevent the passage of motor
    vehicles over the road, street, or highway during construction,
    repair, or dangerous conditions.
    (2) "Construction or maintenance work zone" means a
    portion of a highway or street:
    (A) where highway construction or maintenance is
    being undertaken, other than mobile operations as defined by the
    Texas Manual on Uniform Traffic Control Devices; and
    (B) that is marked by signs:
    (i) indicating that it is a construction or
    maintenance work zone;
    (ii) indicating where the zone begins and
    ends; and
    (iii) stating: "Fines double when workers
    present."
    (3) "Warning sign" means a signal, marking, or device
    placed on a barricade or on a road, street, or highway during
    construction, repair, or dangerous conditions by the department, a
    political subdivision of this state, or a contractor or
    subcontractor to warn or regulate motor vehicular traffic.
    The
    term includes a flagger deployed on a road, street, or highway by
    the department, a political subdivision of this state, or a
    contractor or subcontractor to direct traffic around or on the
    road, street, or highway during construction, repair, or dangerous
    conditions.
    (f) Articles 45.051 and 45.0511, Code of Criminal
    Procedure, do not apply to an offense under this section committed
    in a construction or maintenance work zone when workers are
    present.

    Acts 1995, 74th Leg., ch. 165, 1, eff. Sept. 1, 1995. Amended
    by Acts 1997, 75th Leg., ch. 674, 1, eff. Jan. 1, 1998; Acts
    1999, 76th Leg., ch. 789, 1, 2, eff. Sept. 1, 1999; Acts 1999,
    76th Leg., ch. 965, 1, eff. Sept. 1, 1999; Acts 1999, 76th
    Leg., ch. 1088, 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg.,
    ch. 1420, 19.005, eff. Sept. 1, 2001; Acts 2003, 78th Leg.,
    ch. 991, 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1182,
    3, eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch. 576, 1, 2
    eff. Sept. 1, 2005.
    When you're wounded and left on Afghanistan's plains,
    And the women come out to cut up what remains,
    Jest roll to your rifle and blow out your brains
    An' go to your Gawd like a soldier!


  9. #9
    Senior Member majormadmax's Avatar
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    Quote Originally Posted by Charlie View Post
    Not sure about the construction areas but it was my understanding (and I've been wrong once or twice before) that the yellow signs with speed numbers on a curve, etc. (not road construction) are caution signs suggesting safe speeds to travel around particular curves, etc., not a posted speed "limit". Anyone know if that's correct?
    That is correct, a sign like this is only advisory...



    But the signs in construction zones like this are different and enforceable...



    Cheers! M2
    When you're wounded and left on Afghanistan's plains,
    And the women come out to cut up what remains,
    Jest roll to your rifle and blow out your brains
    An' go to your Gawd like a soldier!


  10. #10
    Senior Member okie556's Avatar
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    Quote Originally Posted by Bithabus View Post
    Found the answer: the orange signs are warning signs, not regulatory signs. The prima facie speed limit remains whatever is posted on the regular white and black sign.
    May not be regulatory signs but as WolfWood has already posted.......in construction areas, the fine is usually doubled.
    Okie556
    Proud Viet Nam Vet

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