Anyone who has been driving in Las Vegas for even a short amount of time has certainly come across traffic zones and construction areas. Aside from the massive amounts of orange cones and signs, closed lanes and temporary street lights there is usually some construction personnel on hand as well.
These can be employees of the Nevada Department of Transportation (NDOT) or from a private construction or paving company that is authorized to work by NDOT. When we come across this situation, we will often see at least one worker who is leaning on a pole holding a sign.
The poor soul looks bored to death but is likely making a decent hourly wage that keeps him motivated enough to continue on.
Even though they do not show much urgency, the directives they are professing do need to be followed. It would be quite easy to zoom past a person as described and usually the situation seems innocent enough to do that.
While some construction zones are located in high traffic areas and can be quite busy, others are not. Sometimes work zones on roadways are on side streets or near office complexes off of the beaten path. Having to wait or slow down in these types of situation might be aggravating for people trying to get to work or take their kids somewhere but we all need to be careful and ensure that we follow all directives.
Even if the situation doesn’t seem like it requires drivers passing by to slow down, the supervisors of these projects are the ones in charge so their signage becomes the rule. They are experts in their fields so we need to assume that they know best. We may not like it but it is something we need to do and by doing so our roads will be much safer.
Just like all Nevada Rules of the Road, you are not allowed to do as you please and must adhere to the traffic laws of the state. If everyone follows the rules then the number of car accidents and fatalities would decrease significantly.
If you do bypass the construction worker’s directive and that action is witnessed by a law enforcement officer then you will be issued a ticket as there is a law that states you cannot do that. NRS 484B.330 is that exact statute. It is comprised of four subpoints that we will discuss in further detail within this article.
If you are ever caught violating this statute by disobeying a flagger or flagman in a traffic zone then contact us immediately as we can help. The system of using Ticket Busters is quite easy. The initial step is reaching out to our professional team to setup your free consultation.
This meeting will be utilized to take thorough time to review your case and ensure that all details are mapped out. Once our law staff fully comprehends your situation, we will be able to offer up some details of our plan to get the issue resolved. After presenting that, we will provide a retainer which you can sign. After that retainer is secured we are good to move forward on your behalf.
Our priority at that time will be to contact the court system and request additional information about your case. If we feel as if it is necessary, we may also request a new court date. Regardless of whether or not your court date has changed, once we have something set on the calendar, the attorney assigned to your case will begin working on it. This may include your attorney appearing in court on your behalf (we know you most likely have other things you would rather be doing).
This is typically when negotiations will begin and our attorney will attempt to make a settlement that is most favorable to you, the client. If a deal is made with successful negotiation then your case will not even go to trial. By calling us for your legal representative we will streamline the process and keep you out of it.
What Nevada Law Says About Disobeying a Flagman or Flagger
The first point to the NRS discusses the main topic of the article which is that as a driver you are not allowed to ignore the signage by an authorized road worker when that area is clearly marked. It specifically reads:
1. It is unlawful for a driver of a vehicle to fail or refuse to comply with any signal of an authorized flagger serving in a traffic control capacity in a clearly marked area of highway construction or maintenance or any other area which has been designated as a temporary traffic control zone.
Basically, if you are driving along a street in Nevada and come across an area that is under construction (which is not difficult to do here in Las Vegas and Henderson…) then you must slow down and follow the signs.
These signs are most likely going to differ from the typical signs already installed on the road so they must be adhered to. Following them will keep the flaggers safe and will help alleviate pressure on the tight roadways which will hopefully lessen the chance for a car crash.
Penalties for Violating This Statute
Point number two is quite strict but rightfully so as it emphasizes the safety that we previously discussed. This part of the statute also details what you can expect if given a ticket for violating NRS 484B.330:
2. A district attorney shall prosecute all violations of subsection 1 which occur in his or her jurisdiction and which result in injury to any person performing highway construction or maintenance or performing other work within an area designated as a temporary traffic control zone unless the district attorney has good cause for not prosecuting the violation. In addition to any other penalty, if a driver violates any provision of subsection 1 and the violation results in injury to any person performing highway construction or maintenance or performing other work within an area designated as a temporary traffic control zone, or in damage to property in an amount of not less than $1,000, the driver shall be punished by a fine of not less than $1,000 or more than $2,000, and ordered to perform 120 hours of community service.
We can already surmise that there is a penalty for breaking this traffic law but as this subpoint states, the fines and penalties will be even more significant if certain things occur.
So, if you are driving along and actually hit a flagger with your car or force them to move out of the way to where they get injured then you can definitely expect to pay more and will most likely have to serve community service hours. When there are tight lanes due to construction and road workers are present it makes for a dangerous situation.
Even if you have enough room for your car to navigate through the area, you need to make sure your side mirrors can clear the area properly. In some cases in the past, large trucks with wide mirrors have been known to hit the flagger with the driver not even being aware.
The rest of the statute basically provides some definitions and also mentions that at certain times the penalty for violating this statute by ignoring signs and directives by flaggers can be higher. Now, we already mentioned how there is a significant punishment if you not only ignore traffic directives but also injury a worker while doing so. The other way to have an increased fine is to do all of this during certain pedestrian or officially marked work zones. If this happens then your fine will be doubled.
What Defines a Flagger
The remaining parts of the statute is utilized for definitions of an authorized flagger. We touched on this earlier but the flagger can be any of the following per the statute:
- A direct employee of NDOT who is performing the work of a flagger in a controlled traffic zone.
- A contractor officially working on behalf of an NDOT construction project. In many cases, NDOT will recognize and approve a budget for a road construction issue but may outsource the duties of completing that project. When they do that they will utilize private companies. In this case, an employee from that private company would be considered an authorized flagger based on this NRS. The same would be relevant if the person working had the same authorization but was part of a different government organization (other than NDOT).
Remaining calm is crucial when being given a traffic ticket by law enforcement. It is advisable not to allow the situation to escalate. Although it can be a stressful situation, both when you are pulled over but also afterwards when facing the challenges of the court system, we can help.
Ticket Busters was built and founded to help Nevadans in your situation. We can be easily reached by phone, email or in person at our downtown Las Vegas office. If you, or someone you know, is facing a traffic ticket, contact us today.
