Q&A - Do Fines Really Double in Construction Zones?
QUESTION: I am aware of the sign posted at the construction sites about double the fine, but have been told that the fine incurred is actually excessive speed if the speed is too high. Is there an actual regulation about double the fine or is this sign just a deterrent?
ANSWER: Speeding in construction zones is an offence under section 140 of the Motor Vehicle Act:
Obedience to speed signs
140 Where traffic control devices as indicated in section 138 or 139 are erected or placed on the highway, a person must not drive or operate a vehicle at a greater rate of speed than, or in a manner different from, that indicated on the signs.
The amount of the fine is actually set in the Violation Ticket Administration and Fines Regulation in Schedule 3. This sets a fine amount of $170 if the speed is in excess of the limit but not more than 20 km/h over the limit. If the speed is over by 21 to 40 km/h the fine amount of $220 applies. This results in a ticketed amount of $196 and $253 respectively once the Victim Surcharge Levy is added.
Similarly, the fine amounts for "regular" speeding are $120 and $170, with the ticketed amounts being $138 and $196.
No matter how I do the math, the construction zone speed fines are not double, although they may have been when these rules were first brought into effect.
Once you exceed the threshold of 40 km/h over the speed limit, the excessive speeding rules apply equally to all types of speed zones.