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Getting There: When is a work zone a work zone?

Dave Shive is nothing if not a good sport. He wrote me about a grievance he has with the state's speed enforcement practices. He poured his heart out. And what did I do? Offer him sympathy? Tell him I felt his pain?

No way. There are tons of nice newspaper columnists out there. He got the mean one.

But thanks, Dave, for giving me the idea. And the green light to use your name.

Here's Shive's story, condensed from a couple of e-mails we exchanged:

Ticketing speeders in a work zone is understandable. And, in one sense, I have really no excuse for my 3 tickets in the past (total of $120) two weeks on the Beltway. The work areas are clearly marked.

But here's the problem — why are they enforcing this law when THERE ARE NO WORK CREWS PRESENT? The first of my 3 tickets was due to the fact that I could not believe that they would be issuing tickets in a work zone where there are no workers. I should have known better for the 2nd and 3rd tickets, but I tend to pay attention to places where there are actual workers more than where there are signs and no workers.

I notice electric signs all over the place warning us about hands-free phones, seat belts, speed limits near schools, etc. The government(s) seem to be able to warn us about what they want to warn us about. How difficult would it be to post something in these "work zones "indicating something like "Maintain speed — workers not present" or the like?

One more thought — on the Beltway, the lanes often do not always narrow at these "work zones" when the workers are not present. This is the big thing that tends to dull the drivers' awareness. I know that where there is construction actually happening, I am typically accustomed to seeing the usual signs of construction crews — trucks moving about, cones, lanes narrowing, etc. None of those being visible, the driver is lulled into thinking "business as usual.".

Isn't this the kind of thing that sours our attitude toward the state and gives the impression that these tickets are less about protecting workers and more about raising revenue?

Glad you raised the issue, Dave. You're not the first reader who has wondered why work zones are still work zones when you don't see workers crawling all over the place.

It's true that the safety of workers was a big selling point in persuading the General Assembly to allow the use of speed cameras in certain work zones. And worker safety is a life-and-death issue — as was pointed up last week when two workers for a State Highway Administration contractor were killed by a driver on Route 228 in Charles County (a case that has not been linked to speed).

State Highway Administrator Neil J. Pedersen said work zones are treacherous places even when workers aren't present. He said 80 percent of the people killed in such zones are drivers and passengers.

"Our work zones have many narrow lanes, shifting lanes; often shoulders are taken away or are very narrow," he said. "It's important for us to be getting traffic slowing down through our work zones even when workers are not present."

And even when workers don't appear to be present, that isn't necessarily the reality. Pedersen said the workers sometimes are not visible. On occasion, workers such as inspectors could be working alone or in small groups at the far end of the zone a driver is entering. The individual driver isn't a great judge of when the speed limit should apply.

Pedersen said the cameras Shive encountered have been making an impact. He said the people monitoring the zones have noticed a reduction in speed — particularly among the fastest drivers. The highway chief said the work zone speeds are set by traffic engineers using professional principles with no input from the folks who do revenue collection.

In some cases, the engineers will lower the speed in the work zone. Pedersen said the work zones on the Beltway at Liberty Road and Charles Street are set at 50 mph because they involve split lanes and work in the middle of the roadway — an especially dangerous configuration. In other cases, such as the Intercounty Connector work zone on Interstate 95, the engineers keep the prevailing speed limit though the shoulders haven been taken away in places.

These work zones remain work zones 24/7. Those Jersey barriers can't be moved every time a crew goes on lunch break.

There's another reason people who get speeding tickets in work zones aren't convincing victims.

To receive a photo ticket, under the law, a motorist must be going at least 12 mph over the posted speed limit. On the Beltway, that means 62 mph in a 50-mph zone. On Interstate 95 at the Intercounty Connector project, you have to hit an insane 77 mph to qualify for a ticket.

And really, what notice should a driver require to go on the highest alert other than a sign saying "Work Zone"? When is it ever safe to be lulled?

So, Dave, as much as I appreciate your writing, I have to stick with my original insensitive reply: Your problem isn't predatory government. It's a very leaden foot.

Look at the bright side: Had you been nabbed three times by actual police officers, you'd be paying much heftier fines and your auto insurance bills would be through the roof. Those speed cameras could save you money.

michael.dresser@baltsun.com

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