betterthanholly2003 asked:
Recently while doing construction on a busy stretch of highway we were having trouble with police officers driving in a construction lane that we had closed to traffic. There was a concrete barrier wall between workers and the highway median on one side, and then traffic barrels set up between oncoming traffic and the workers on the other side. Having a concrete wall on one side and traffic on the other all workers in the closed construction lane are trapped by the concrete wall on one side and on coming traffic on the other while these officers were speeding through these lanes. All offices did have there lights on, but one officer was estimated going 80mph in the closed lane during late afternoon rush traffic. I was wondering if anyone has a true answer to the legality of this situation. Traffic lanes that were closed were closed for a reason. These lanes had equipment and people working in them. The situation had gotten to where there were two or three officers per night doing this. Finally one night construction foremen contacted the police department and this issue has been resolved for now. I just want to know if these officers have the legal right to jeopardize the safety of workers and other motorist by using these closed lanes or if this was just another example of trying to use a badge for more power than it truly has.
Dolores
Recently while doing construction on a busy stretch of highway we were having trouble with police officers driving in a construction lane that we had closed to traffic. There was a concrete barrier wall between workers and the highway median on one side, and then traffic barrels set up between oncoming traffic and the workers on the other side. Having a concrete wall on one side and traffic on the other all workers in the closed construction lane are trapped by the concrete wall on one side and on coming traffic on the other while these officers were speeding through these lanes. All offices did have there lights on, but one officer was estimated going 80mph in the closed lane during late afternoon rush traffic. I was wondering if anyone has a true answer to the legality of this situation. Traffic lanes that were closed were closed for a reason. These lanes had equipment and people working in them. The situation had gotten to where there were two or three officers per night doing this. Finally one night construction foremen contacted the police department and this issue has been resolved for now. I just want to know if these officers have the legal right to jeopardize the safety of workers and other motorist by using these closed lanes or if this was just another example of trying to use a badge for more power than it truly has.
Dolores
Tags: Concrete Wall, Late Afternoon, True Answer
No they don’t. No officer has the authority to risk innocent lives (police chases don’t give them that authority, either). Any officer that does this is using very poor judgment, misusing his authority and probably was not on a call to begin with. They rely on the notion that anytime their lights are on, people will respect that and get out of their way.
An emergency vehicle (LE, FD, or EMS) operating in emergency mode (lights & sirens) may use a lane that is closed for construction when required. This obviously presumes that the lane is passable. This is NOT however a Carte Blanche to do whatever they wish- the driver still has to exercise “due regard” for the safety of people who may be working in that lane(s)- slow speed, audible warning, etc.
- David
David is right and I gave him a thumbs up. Your foreman did the right thing. Even though they legally can do it, they must excercise due caution and 80mph in a work zone in my opinion is not due caution. Sometimes we need to be reminded of that.