Sec. 14-212d. Highway work zone. Highway worker. Endangerment of highway worker. Penalties.
Sec. 14-212d. Highway work zone. Highway worker. Endangerment of highway worker. Penalties. (a) As used in this section and section 14-212e: (1) "Highway
work zone" means an area of a state highway where construction, maintenance or utility
work is being performed. Such work zone shall be marked by signs, channeling devices,
barriers, pavement markings or work vehicles, and extends from the first warning sign
or high-intensity rotating, flashing, oscillating or strobe lights on a vehicle to the "END
ROAD WORK" sign or the last temporary traffic control device; and (2) "highway
worker" means a person who is required to perform the duties of such person's job on
state bridges, state roads or in highway work zones, including: (A) A person who performs maintenance, repair or construction of state bridges, state roads, shoulders, medians and associated rights-of-way in highway work zones; (B) a person who operates a
truck, loader or other equipment on state bridges, state roads or in highway work zones;
(C) a person who performs any other related maintenance work, as required, on state
bridges, state roads or in highway work zones; (D) a state or local public safety officer
who enforces work zone-related transportation management and traffic control; (E) a
state or local public safety officer who conducts traffic control or enforcement operations
on state bridges, state roads, shoulders, medians and associated rights-of-way; and (F)
a state or local public safety officer or firefighter, an emergency medical services provider, or any other authorized person, who removes hazards from state bridges, state
roadways, shoulders, medians and associated rights-of-way, or who responds to accidents and other incidents on state bridges, state roads, shoulders, medians, associated
rights-of-way or in highway work zones.
(b) A person shall be deemed to commit the offense of "endangerment of a highway
worker" if such person is operating a motor vehicle within a highway work zone, as
defined in subsection (a) of this section, and commits any of the following: (1) Exceeding
the posted speed limit by fifteen miles per hour or more; (2) failure to obey traffic control
devices erected for purposes of controlling the flow of motor vehicles through such zone
for any reason other than: (A) An emergency, (B) the avoidance of an obstacle, or (C)
the protection of the health and safety of another person; (3) driving through or around
such zone in any lane not clearly designated for use by motor vehicles traveling through
or around such zone; or (4) physically assaulting, attempting to assault, or threatening
to assault a highway worker with a motor vehicle or other instrument.
(c) No person shall be cited or convicted for endangerment of a highway worker
unless the act or omission constituting the offense occurs when one or more highway
workers are in the highway work zone and in proximity to the area where such act or
omission occurs.
(d) Upon conviction or a plea of guilty for committing the offense of "endangerment
of a highway worker", as defined in subsection (b) of this section, a person shall be
subject to a fine of not more than five hundred dollars if no physical injury, as defined
in section 53a-3, occurs and shall be subject to a fine of not more than one thousand
dollars if any such physical injury occurs, in addition to any other penalty authorized
by law.
(e) A person shall be deemed to commit the offense of "aggravated endangerment
of a highway worker" upon conviction or a plea of guilty for any offense set forth in
subsection (b) of this section while such person is operating a motor vehicle within a
highway work zone, as defined in subsection (a) of this section, and which results in
the serious physical injury, as defined in section 53a-3, or death of a highway worker.
(f) Upon conviction or a plea of guilty for committing the offense of aggravated
endangerment of a highway worker, a person shall be subject to a fine of (1) not more
than five thousand dollars if such offense results in serious physical injury to a highway
worker, or (2) ten thousand dollars if such offense results in the death of a highway
worker, in addition to any other penalty authorized by law.
(g) No person shall be cited or convicted for endangerment of a highway worker
or aggravated endangerment of a highway worker for any act or omission otherwise
constituting an offense under this section if such act or omission results, in whole or in
part, from mechanical failure of such person's motor vehicle or from the negligence of
a highway worker or other person.
(P.A. 08-114, S. 1.)