California Vehicle Code § 22362 VC – Speeding in a Construction Zone

California Vehicle Code § 22362 VC prohibits drivers from exceeding posted speed limits in designated highway construction, maintenance, or work zones.

Recognized as an infraction, speeding through an active work area carries mandatory financial penalties, driving record points, and increased auto insurance premiums.

Because work zones introduce unpredictable conditions—such as narrowed lanes, shifting traffic patterns, heavy equipment, and exposed workers—California enforces strict speed restrictions in these areas.

Legal Definition of CVC § 22362

Under California law, exceeding a posted speed limit in a designated work area constitutes a prima facie (at first glance) violation of the state's basic speed law.

Statutory Language

“It is prima facie a violation of the basic speed law for any person to operate a vehicle in excess of the posted speed limit upon any portion of a highway where officers or employees of the agency having jurisdiction of the same, or any contractor of the agency or his employees, are at work on the roadway or within the right-of-way thereof near where the roadway is being repaired, constructed, or maintained.”

“This section applies only when appropriate signs, indicating the limits of the restricted zone, and the speed limit applicable therein, are placed by such agency within 400 feet of each end of such zone. The signs shall display the figures indicating the applicable limit, which shall not be less than 25 miles per hour, and shall indicate the purpose of the speed restriction. Nothing in this section shall be deemed to relieve any operator of a vehicle from complying with the basic speed law.”

Elements of the Violation

To establish a violation of CVC § 22362, the prosecution or officer must prove three distinct elements:

Construction or Maintenance Activity: Work was actively being performed by public employees or contractors on or adjacent to the roadway.
Proper Signage: Official warning signs displaying a speed limit (not lower than 25 mph) and purpose were posted within 400 feet of each end of the restricted work zone.
Exceeded Speed Limit: The driver operated a vehicle faster than the posted construction zone limit.

Note regarding Penal Code vs. Vehicle Code classification: Speeding in a construction zone under CVC § 22362 is a non-criminal traffic infraction, not a crime governed by the California Penal Code (such as PC 192(c) vehicular manslaughter or PC 245 assault with a deadly weapon).

However, if speeding in a work zone causes severe injury or death, prosecutors may file felony criminal charges under the California Penal Code.

Penalties for Speeding in a Construction Zone

While base fines for traffic infractions in California start relatively low, state-mandated penalty assessments and special work-zone enhancements significantly increase the out-of-pocket cost.

Enhanced Fines (Double Fines): Under California Vehicle Code § 42010, fines for traffic violations committed within a marked safety enhancement or construction zone are doubled.
Base Fine Structure:
- 1 to 15 mph over limit: Base fine ~$35 (Total cost with court fees: $280 – $380)
- 16 to 29 mph over limit: Base fine ~$70 (Total cost with court fees: $380 – $500)
- 30+ mph over limit: Base fine ~$100+ (Total cost with court fees: $500 – $900+)
DMV Points: A conviction results in 1 point on your California driving record. Accumulating 4 points within 12 months, 6 in 24 months, or 8 in 36 months can trigger a "Negligent Operator" license suspension.
Insurance Rates: A single point can increase personal auto insurance premiums by 20% to 30% annually for up to 3 years.
Traffic School: Drivers are generally eligible for traffic school to conceal the DMV point if they hold a valid driver's license, were driving a non-commercial vehicle, and were not traveling more than 25 mph over the limit.

Comparison of California Speeding & Safety Zone Laws

Code Section	Description	Penalties & Fine Enhancements	DMV Points
CVC § 22362	Speeding in a Construction / Work Zone	Doubled base fines; total costs $280–$900+	1 Point
CVC § 22350	Basic Speed Law (Unsafe speed for conditions)	Standard fines; $230–$500 total cost	1 Point
CVC § 22348(b)	Driving Exceeding 100 mph on Highway	Up to $1,000 fine; up to 30-day license suspension	2 Points
CVC § 42010	Double Fine Enhancements in Work Zones	Applies double fine multiplier to underlying infractions	Varies by offense
CVC § 23103	Reckless Driving (Willful disregard for safety)	Misdemeanor; up to 90 days jail, fines up to $1,000	2 Points

Hypothetical Example

Scenario: Marcus is driving home on Interstate 5 through Sacramento. Caltrans has reduced the standard 65 mph zone to 45 mph due to repaving work. Official orange construction signs indicating a 45 mph work-zone limit are clearly posted 350 feet before the zone starts. Crews are working near the right shoulder behind safety cones.

Marcus drives through the zone at 62 mph. A Highway Patrol officer monitors his speed via radar and pulls him over.

Legal Outcome: Marcus receives a citation under CVC § 22362. Because work crews were present and signage was properly placed within 400 feet, the violation stands. Under CVC § 42010, his base fine is doubled, raising his total fine with penalty assessments to over $400. He receives 1 DMV point on his driving record.

Frequently Asked Questions (FAQs)

What makes a work zone legally valid under CVC 22362?

For CVC 22362 to apply, construction or maintenance personnel must actively be at work on the roadway or right-of-way, and official signs displaying the reduced speed limit (no less than 25 mph) must be placed within 400 feet of each end of the work zone.

Are construction zone fines always doubled in California?

Yes, under California Vehicle Code § 42010, traffic violations committed within active, properly marked highway construction or maintenance zones carry mandatory double base fines.

Can I go to traffic school for a CVC 22362 citation?

In most cases, yes. As long as you have not attended traffic school in the last 18 months, were not traveling over 100 mph, and were not driving a commercial vehicle for commercial purposes, you can complete traffic school to keep the DMV point off your public driving record.

What if no workers were present when I was ticketed?

If no workers or equipment operators were present in the work area or right-of-way, your attorney may argue that CVC § 22362 does not apply. However, you could still be cited under CVC § 22350 (Basic Speed Law) if your speed was deemed unsafe for prevailing road conditions.

How can an attorney fight a CVC 22362 work zone ticket?

Common defense strategies include proving that signage was missing or placed farther than 400 feet from the boundary, demonstrating that radar/LIDAR equipment was uncalibrated, showing no workers were present, or arguing officer misidentification.

Is speeding in a construction zone a misdemeanor or felony?

No. Speeding under CVC § 22362 is a civil traffic infraction. It does not result in a criminal record or jail time unless accompanied by criminal conduct such as Reckless Driving (CVC § 23103), DUI (CVC § 23152), or Vehicular Manslaughter.

Related California Laws

California Vehicle Code § 22350 VC – Basic Speed Law: Prohibits driving at a speed greater than is reasonable or prudent, having due regard for weather, visibility, traffic, and road surface conditions.
California Vehicle Code § 42010 VC – Double Fine Zones: Outlines specific highways and work zones where fine amounts for moving violations are doubled.
California Vehicle Code § 23103 VC – Reckless Driving: Covers driving with a willful or wanton disregard for the safety of persons or property; punishable as a misdemeanor.
California Vehicle Code § 40508 VC – Failure to Appear: Charging section when a driver fails to appear in court or pay a traffic fine, creating an additional misdemeanor charge.

Construction Zone