(7)2.3 Construction Exemptions

(7)2.3 Construction Exemptions

This section provides limited exemptions to certain provisions of Title 7 for lawful construction, maintenance, and public works activities when conducted in the ordinary course of such work.

(7)2.3.1 Scope

(a) This section applies only to vehicles, equipment, and operators lawfully engaged in construction, maintenance, utility, or public works activity.

(b) Exemptions under this section apply only while actively performing authorized work or traveling a short and direct distance necessary to perform such work.

(c) This section shall be narrowly construed to promote public safety and does not create a general exemption from traffic laws.

(7)2.3.2 Authorized Use

A driver or operator may, when reasonably necessary to perform authorized work:

(a) Operate construction or maintenance vehicles in a manner inconsistent with standard traffic rules;

(b) Temporarily obstruct, slow, or redirect traffic; or

(c) Utilize roadways or rights-of-way in ways not ordinarily permitted,

provided such actions are conducted with due regard for public safety and are reasonably related to the work being performed.

(7)2.3.3 Limitations

(a) This section does not authorize the operation of construction or industrial equipment on public roadways in a manner unrelated to active or imminent work.

(b) Exemptions do not apply to unnecessary travel, personal use, or general transportation.

(c) Operators must take reasonable steps to warn the public, including the use of appropriate signage, markings, lights, or flaggers when practical.

(d) Reckless, negligent, or unsafe operation is not protected under this section.

(7)2.3.4 Termination of Exemption

Exemptions under this section cease once the construction, maintenance, or public works activity has concluded or when normal traffic conditions can reasonably be restored.