Lawmakers consider raising construction‑zone speeding fines, removing 'workers present' condition

The House Transportation Committee heard hours of testimony on Senate Bill 21‑83, a measure that would increase the minimum fine for speeding in construction zones and remove the requirement that an enhanced penalty apply only when workers are present.

Sponsor Sen. Dean Rummel said the bill would raise the base minimum fine from $80 to $150 and add $2 for each mile per hour above 10 mph over the posted limit; it would also remove a requirement that augmented fines only apply when construction workers are physically present. "This bill is all about safety," Rummel said, and he cited crash statistics the committee heard: "In 2023… there were 523 crashes in work zones… 13 crashes with suspected serious injuries, 71 with minor, 63 with possible, and 376 with no apparent injuries."

Construction contractors and safety advocates strongly supported the change. Russ Hanson of the Associated General Contractors said the $150 figure is an inflation‑adjusted, round number (an inflation factor from 2001 to 2024 equated to roughly $131, rounded to $150) and still would be below some neighboring states. Nate Samberg, a safety manager for Northern Improvement Company, described repeated close calls and recommended higher fines along with other tools that protect workers. Don Moseman of the North Dakota Safety Council urged the committee to consider higher fines as one of three effective measures (alongside public education and proper application of the Manual on Uniform Traffic Control Devices) to reduce injuries and deaths in work zones.

The Department of Transportation and county highway engineers described routine near‑misses and said signage and temporary traffic control are governed by the MUTCD; DOT deputy director for engineering Matt Lineman said the agency would work with enforcement to stage signs and devices appropriately. Highway Patrol personnel described enforcement practice: officers typically deploy in zones where workers are present, use dash cams as evidence and will supplement missing signage when necessary. Sergeant Jenna Claussen Hubert noted that district judges have at times dismissed construction‑zone tickets when troopers could not demonstrate workers were present on recorded video — a reason proponents cited for removing the "workers present" requirement.

Committee members raised multiple operational questions: how to handle variable signage and differing speed reductions within long projects, whether the fine or driver‑point system is a better deterrent, and whether money or insurance‑point consequences are more effective. Some members asked whether portable illuminated speed feedback or worker‑present blinking lights might be a less costly or complementary approach to fines; contractors and DOT witnesses said such technology can help but would need operational procedures to ensure it is used and activated at the right times.

No committee vote was recorded at the hearing. Supporters urged a due‑pass recommendation; committee members asked DOT and enforcement to provide additional details about signage, how maintenance (short‑term) work would be treated and the relationship between fines and points on driver records.