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NEW YORK CONSTRUCTION ZONES, WORK AREAS, WORK ZONES AND FLAGPERSONS

In previous blogs I discussed the reduced speed limits in work zones as well as the definition of a work area. As discussed, many White Plains speeding tickets are issued in the work zone along I-287. Much of the highway work is done by members of The Laborers’ International Union of North America (LIUNA) of which I am a member in good standing. Prior to becoming a criminal attorney I worked through Local 731 of LIUNA and to this day I still pay my monthly dues and carry my “card”.

As we approach and pass through construction zones, all of us have seen flagpersons either redirecting the flow of traffic or advising oncoming traffic of hazards and the need to slowdown. Basically, a flagperson is one employed by the state, municipalities, local authorities, public authorities including public utility companies or individuals working for companies under contract with such state agencies who have been assigned to direct and control traffic on public highways in connection with any construction or maintenance work. A flagperson is also one employed to direct traffic at railroad crossings and who has been authorized to direct traffic in connection with escort vehicles operating on a public highway (See VTL § 115-b for the exact definition of “flagperson”).

I have worked as a flagperson and I can state from experience that it is one of the more dangerous jobs. The flagperson is generally in the line of traffic and most drivers don’t’ realize that a flagperson has the same authority as a police officers in terms of directing traffic. (See VTL § 1102). Lately, however, most municipalities now station police officers at construction zones on local streets to help slow down the traffic flow. Nevertheless, a motorist must comply with a lawful direction or order of a flagperson whether a police officer is present or not. (VTL § 1102).

If you have any questions about any traffic related matter including White Plains speeding tickets, feel free to call 1-877-DR-SUMMONS (1-877-377-8666) or visit www.DrSummons.com or www.WhitePlainsSpeedingTicket.com.

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