Section 17D. (a) For purposes of this section, ”active construction zone” shall mean an area on a public highway or on the adjacent right of way where construction, repair, maintenance or survey work is performed by the department or by a utility company or a private contractor under contract with the department.

Terms Used In Massachusetts General Laws ch. 90 sec. 17D

  • Contract: A legal written agreement that becomes binding when signed.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

(b) Notwithstanding section 18, the department may establish and post a speed limit in an active construction zone without conducting an engineering study. A rate of speed in excess of a speed limit posted under this section shall be prima facie evidence that the speed of the motor was greater than is reasonable and proper. A violation of this section shall be punishable by a fine of double the amount imposed for such a violation in that area if the area were not designated an active construction zone.

An active construction zone speed limit shall be effective when signs giving notice of that speed limit are prominently displayed in proximity to the active construction zone and construction, repair, maintenance or survey work is performed. Such signs may display either a fixed speed limit or an electronic message that displays adjusted speed limits when work is being performed. The signs shall notify motorists that the fine for a violation of the posted speed limit is doubled in the active construction zone.